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SrikanthV (Texas)
Posts: 1
Posted:
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?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Do we? No.
However, per our CC&Rs we should.

Our CC&Rs specify that any exterior change requires prior approval.
I suspect that yours does as well.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Most generally do not if homes have privacy fences around their back yard. Some who do not allow fencing and are very open for reasons such as protecting views, then those generally do regulate.

Usually if people are allowed to do what they want (within reason not violating others) behind their privacy fence the HOA has less battles
JanetB2 (Colorado)
Posts: 4,219
Posted:
I should add ... Trees we did watch and require approval because of the HOA irrigation lines in the easements on back property lines. Owners would want to plant just outside the 10' easement, but the city code required an additional 5' from a water source to help avoid root issues.
WalterM3 (Georgia)
Posts: 442
Posted:
Quote:
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."
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Non standard plantings can vary from association to association. I have some that say none, others that say within 3 feet of the structure, others that say do as you want.

Ours is a bit of a hybrid. We have 6 foot privacy fenced in backyards and one can do as they wish as long as it does not exceed the height of the fence. Outside that fence one can plant nothing without permission and unless a replacement, you more then likely will not get permission to plant anythig.

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