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Posted By SrikanthV on 02/15/2017 12:48 PM
I live in Dallas, TX. I would like to know from your HOA or HOA board. Do you guys take ARC approval for vegetables garden or bed, planting trees in the back yard or any kind of work in the backyard?
Yes and no. Our rules don't allow farming, I think. We went round and round over what is "architectural" though. Bushes and shrubs and such are not architecture.
(b) Residential Use. The Lots shall be and are restricted exclusively to residential use and no trade or business of any kind may be conducted in or from a Lot or any part of the Property either as a primary or accessory use of either the Lot or any portion of the Property; provided, however, an Owner or occupant may conduct such business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from the exterior of the Lot; (ii) the business activity does not regularly involve persons or vehicles coming onto the Property who do not reside in the Property; (iii) the business activity does not include the storage or placement of any tools of a particular trade in any area which can be viewed from the Common Area or another Lot; (iv) the business activity conforms to all zoning 'requirements for the Property; and (v) the business activity is consistent with the residential character of the Development, does not require use of Common Area utilities and does not constitute a nuisance or a hazardous or offensive use, as may be determined in the sole
discretion of the Board of Directors."
So I don't think that would allow farming on our postage stamp sized yards.
(a) Owner's Responsibility.
(i) Except to the extent such maintenance responsibility is assumed by the Association pursuant to Subsection (b) hereof, all maintenance and repair of a Lot, together with all portions of the Townhouse and other improvements thereon or improvements appurtenant thereto located within the Appurtenant Easement Area of a Lot,
shall be the responsibility of the Owner of such Lot...Each Owner shall also be responsible for maintaining his Lot in a neat, clean and sanitary condition, and such responsibility shall include the maintenance and care of all lawns, trees, shrubs, hedges, grass and other landscaping contained within such Lot." The section above explicitly gives power over the yards to the owners.
The HOA can act, however:
(ii) In addition to the foregoing, the Association may do anything necessary to secure compliance with this Declaration so as to place said Lot
in a neat, attractive, healthy and sanitary condition and the charges incurred for securing such compliance, including the cost of curling, trimming, or pruning of leaves, grass, landscaping or trees, or the cost of removal of leaves, grass, landscaping or dead or diseased trees or the cost of removal of garbage, trash, or rubbish, may be charged to the Owner or occupant of such Lot."