Items Placed in Common Area

Yes you do. Simply site the section of the rules and send them a notice. Explain that if their items are damaged while sitting in the common area the HOA is NOT responsible nor the vendor. Define the area that is not common and allow them to use it for exclusive use.

I find when you put in writing the exact rule and NOT paying for their item damage they make changes. Plus take pictures. If they are renters contact the owner to correct and explain.

Thomas

We are having somewhat of the same issues

1. Our HOA does all outside maintenance including landscaping.

2. Our Covenants call for adhering to Community Wide Standards and what the BOD can do if you do not, but another subject.

Not sure how to begin but let me cite one recent example. We had an owner that came to the BOD complaining that our landscaper had broken one of those solar powered lights people install along driveways and he wanted us/our landscaper to pay for a replacement.

Let us discuss Community Wide Standards for a moment. If we have 112 homes and each home had an identical backyard fence installed at time of construction is that type, style, spec, etc. fence not the Community Wide Standard?

If none of the original 112 homes had solar panel lights installed at construction time, is no solar panel lights not the Community Wide Standard?

We do have Covenant restrictions that one must request permission for any landscape modifications so overall one cannot do anything they wish to do. There is language about lawn statues, figurines, etc. and Plastic Pink Flamingos are actually mentioned. When I questioned the attorney who originally did the Covenants he said it was inserted as an "inside joke" as his staff had an expression, as in you mean the Pink Flamingo restriction.

If someone violated the Community Wide Standards should we not be fining them for such versus replacing their not Community Wide Standard item?

I say we should not be paying for a solar panel light replacement and we should be ordering them removed.

Comments and questions welcome.

Pretty much like CA, JohnC, but we're required to call them to a hearing first.

BTW, since I didn't state it earlier, we do have rules against placing anything in any of our common areas. When some of us first became active in our HOA, all newbies, one of the issues was numerous residents storing items in the common area aisles of our exclusive use garage level storage cages, and on top of them too. A mattress stored on top, for instance was dangerously close to a sprinkler head.

We nagged the Board until they finally did get a written opinion from our Gen. Counsel about warning residents, then removing and storing the items for two weeks. Then finally discarding them or donating them.

In this case it often wasn't possible to determine to whom the items in the aisles belonged.

Oh, I agree with you, Johnc. Don't reimburse that owner for breaking your covenants! Why does he think you should????

John did not state that the covenants were broken, he asked if we thought the covenants were broken.

John,

If the member asked and received permission to place the lights outside their home, then I think it's the Associations responsibility to pay for any damage.

If the member did not ask or was refused permission to place the lights outsider their home, then I think it's the owners issue and not the Associations. However, I also know that if I were the owner I wouldn't be thinking like that.

My recommendation, replace the light and then insist that the member remove them as it interferes with the maintenance of the area.

JohnC,

Just curious since I have never lived in a home where I was not responsible for maintenance of my own property, does you have to get written permission for everything/anything you add? what are your basic rules? Will you in the future after the transition from the developer define "community wide standards" with more detail/specifics of exactly what that means?

Not sure if a little solar light stuck in the ground would be considered a "landscape modification" in Johns neighborhood or not. It certainly would not be considered that in my neighborhood or any ones that I know of. Landscape modifications around here usually refer to plantings and usually of trees and other larger items not flowers and smaller plantings etc;.....owners of stand alone homes need some amount of freedom.

It would be considered an exterior change within our Association and require prior approval (per our CC&Rs).

Since we don't maintain the individual lots, the approval is easily obtained.

Emma

Keep in mind we are standalone patio homes on small lots. The sides of many homes are only 20 feet apart. The HOA does all landscaping and maintains the outside shell of each home. Overall there is little for you to do here but also there is little you can do.

In our association you basically cannot make any modifications and certainly none without permission. Yes we are somewhat Stepford Wife looking but all knew such when they moved here and the vast majority of us want it left that way. Like at least keep it to the level/standard it was when I decided to move here.

Each home does have a 6ft privacy fence around its back yard. We do not maintain the landscaping inside the fence. One is free to do as they desire in that fenced in area so if one wants to be an "individual" that is their space to do so.

One is not allowed to plant anything on their property outside that fenced in area. What landscaping is presently there (bushes, trees, lawn, mulching, fertilization, etc.) will be maintained by the association.

We do allow planters on front porches and at the top of the driveway, up against the garage/house. We allow seasonal decorations on front porch but not on the house nor on the property.

Community Wide Standards is something we are discussing. Our Covenants address it in that the association and owners are expected to adhere to Community Wide Standards. One school of thought (the one I subscribe to) is that as our 112 fences are identical size, style, construction, color, etc. that by default, this is the Community Wide Standard for fences.

As far as driveway lights no one (about 5 homes have them) has ever asked permission to install such thus any installed are in violation of the Covenants as they did not request permission for. As to if a request would have been approved is another question and not what we are discussing.

While is has not become a major issue yet, our landscaper has told us if they have to mow around things like driveway lights, etc. then go back and trim around them, then they are going to want to discuss an increase in the yearly landscaping contract as it takes more time for them to complete their tasks.

We have no limit on household pets.........LOL

Excellent advice

Might be nice to add a little color and life in a attractive way??

Below is Glen's wise reply, Thomas:

"Thomas, I would suggest the Board send a letter to every home citing the relevant section of the CC&R's and state that some homeowners perhaps in error have been ignoring it. I would then state that anyone violating it, has X number of days (be reasonable) to remove the planters/pots or the HOA would have no choice but to consider them abandoned property and dispose of them."

And here's part of mine from way above.

"I'd start with a general and friendly reminder to your community that items may not...blah,blah. Please remove them with the next xx days. Put in your newsletter or web site for a couple of weeks. " And then I continue with further steps if needed.

I hope that these two among all the verbiage in this thread will give you a good start to solving your issue.