Developer Landscape Plan

Started by JohnB10 • 3 replies • 1415 views

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JohnB10 (Virginia)
Posts: 1

Posted:

Our developer/builder is looking to transfer the maintenance of our community grounds to the (now) homeowner run HOA. We are a small community of 28 homes and in reviewing the Landscape Plan submitted to the County - it turns out there are a number of differences.

The number of trees and bushes are not as indicated nor are the types of trees planted the same as listed in the plans.

I'm wondering what rights we have as I sit here thinking what it will look like driving down the main street of our community seeing every other tree looking different instead of each one being a maple as called out in the plans.

Thanks!
John in VA

Jadedone4 (Virginia)
Posts: 495

Posted:

JohnB10, depending on your local (I think that VA is counties) you should be able to get a copy of the site plan (and any changes/amendments) which are filed with the locals (county). If the locals (county) have secured a bond against the developer, an inspection is required by the locals (county) prior to releasing of the funds back to the developer. The reason I suggest getting the latest site plan, is that often the developer reserves the right to make changes to the site plan as construction occurs.

If your "main street" calls for "X" number of "B" type of trees, and the developer has not done that, or showed an adjustment to the locals (county) then they can withold those funds until the community is built as per stated plan. If you are on your board, make the effort to contact the office that does the inspections, and introduce the board. They will most often work with homeowners to assure that at best, the minimal codes and site plan designations have been properly fulfilled by the developer.

Also if your HOA can afford it, get a site inspection done by a professional engineer. If not some local greeneries will (for a fee) come out and do an inspection of the landscaping and draw up a viability plan for your community. While it may not be all inclusive like the engineering report, it often will contain critical information that most board's are not aware of (and additional options which you can then take to the developer and ask for reasonable accomodations).

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I would advise that a meeting be setup and to discuss this plan. As a president who had to deal with the results of bad planning of shrubbery and tree planting, It's good to nip this in the bud EARLY. Our city has a Tree board that will freely come in and consult. They have brochures available letting homeowner's know what type of trees they may or may not want to plant.

It's VERY important to make sure to consider the future height of the trees. After some expensive tree removal work, I put in place a rule (using the tree board's brochures) on the maximum height of trees allowed to be planted. Mind you that our houses are only 10 feet from eachother (if that) and the yards are only a .10 of an acre. The yards are extremely small. Basically the front yard is big enough to fit the length of a car in the driveway. So large tree types are NOT recommended.

Our developer put in Bradford Pear trees. A beatiful tree but NOT on a postage size yard. They tend to fall apart as they get older as they get wider and taller. The developer also didn't remove some Southern Pine trees separating our development from the subdivision behind us. They are now soo tall and bug eaten, they threaten to fall over any time. Matter of fact, one of them did fall apart into 2 houses a month before I quit as president. Making the HOA's insurance possibly get involved and the homeowner's having to pay for removal.

Keep in mind that whatever the HOA plants, they will be responsible for in the future. It's different if a Homeowner' plants a tree versus a HOA. If the HOA plants the tree and it falls, they may have to pay the damages and removal. If the homeowner plants a tree (without approval), they would be responsible for the care and any damages. It's important now, the homeowner's get together and plan.

Former HOA President

PaulM (Pennsylvania)
Posts: 1,347

Posted:

JohnB10:
The local municipality office, (Land Development/Code Officer) is your best ally since you are in 'transition' with the developer to turn over the assn. to the residents. While you may assume that things are not as on the 'plans' it is possible the developer did some changes along the way and did record them for the municipality's approval.

However, a word of caution. The maintenance costs of common ground/grass,trees,bushes in a community take the largest chunk out of the assn. fees paid by the residents. Therefore, be wise at this time as to what the assn. will have to fund long-term.
- Most all trees require maintenance of bug spray, pruning, mulching (except pine/evergreen are almost no-care)
- Trees/bushes are expensive to replace
- Trees/bushes G-R-O-W...while it may look like there is 'not enough...' in just a few years they will fill in 'bush' up...

Our community has an exhorbitant amount of trees/shrubs which look very nice; however, after just a short few years, some areas are looking too 'thick' with dense foliage. If not taken care of, we will surely have mold and mildew problems. Lovely large bushes were planted in front of each unit's air conditioner as a screen--they are now so large they have caused a problem with air circulation and some unit owners will now be paying to have them removed and also for small replacement bushes. With the spring comes 'fertilizer and spring clean-up, pruning; summer brings spraying for caterpillar worms, leaf curl bugs, etc.; fall is more pruning, fertilizing, fall clean-up, leaves in rain gutters, etc.

Another caution--the landscaper who the developer has doing the work can sometimes have a tendency to 'talk the talk' and incorporate bushes which will require a large amount of maintenance--ensuring their costs with the assn. for the future. Be careful.

You are in a perfect position now to question the developer on what he is planting, and to network with your local horticultural/nurseryman as to what will suit your community's needs long term. Observe what other established communities have planted in their water basin/drain system area. This can be a large 'money pit' with all kinds of trees and bushes surrounding it (to look pretty!) but in the end, its not worth the time/effort/money required to keep it looking neat. I have seen these areas with grass only and as long as the grass is mowed and green, its fine.

They say Beauty is in the Eye of the Beholder, and its never more true than in the case of The Common Areas of An Association!!!.
Good Luck in your efforts to work with the developer and your municipality to Bring Green to your community!

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