Liability for Water Damage from Planters on Balconies

We are a small 18 unit building in Southern CA. We have recently had significant water damage ($150,000 that will be assessed) from a poor roof, inadequate drainage systems and balconies that are trapping water and thus creating moisture/erosion/mold issues. One of the things mentioned in Davis-Stirling is about prohibing planters on balconies to prevent more water damage.

The one unit that has several planters on it is owned by a Board member (which would make it difficult to get a rule through).

Has anyone had experience with this? I'm trying to understand how we can develop the strongest argument to prohibit planters on balconies so we do not have any more damage/liability etc.

Thanks. The other Board member will generally vote along the same lines with this one who has the planters (but yes - there are three Board members).

Sam

I do not see planters on a deck as a water drainage/damage issue. If cared for properly there would be no water run off from them.

I have seen restrictions about planters on railing do damage that could be done if they fall.

I think there is some confusion. The go-to website about the Davis-Stirling Act does ahve a response about planters. However, this is not directly related to the Davis Stirling Act. The question is if a board can enforce restrictions by using the CC&R or rules and regulations.

So it is really a matter of adopting a rule that doesn't contradict the CC&Rs and the best way may be to adopt generalized rules about the balconies and get an expert opinion about if planters are causing the damage and get the expert's advice about what would be a reasonable rule.

You might ask the an objective assessment of the directors' balconies and others and then get suggestions that can be discussed.

As someone who loves plants, prohibiting all planters on balconies might not be seen as a reasonable rule and all rules must be reasonable. What do you CC&R say about exclusive use common areas?