SS12 (Tennessee)
Posts: 3
Posts: 3
Posted:
Can the HOA dictate what I can have on my porch for the sake of the Common Scheme? Homeowner's own their land in a Planned Urban Development. There are restrictions as to what you can have in the mulched areas and concrete area in your yard, but no where in the restrictions or bylaws is there anything discussed as personal property being subject to approval. It is understood that maintaining your building to the common scheme is required as well as not having trash or other junk stored on the exterior of the property and only certain things are allowed in the mulch and concrete area (sidewalk up to front door and driveway)
So the ACC and BOD sent out guidelines to what is allowed in our mulched areas and states that we can have certain things on our porches, but they will be reviewed and approved for compliance to the common scheme. (the guidelines seem to be more restrictive along with things added that are not in the restrictions, so if the details are being changed,should the homeowners vote to make a amendment to change those items?)
FROM OUR ByLaws: (I believe that the common scheme control is only over the landscaping and anything they require approval for which is detailed)
Common Scheme. The common scheme contributes to the value of the individual Lot(s) and the necessity to enforce the common scheme.
Plan Submission. Buildings, fences walls or other structures shall not be commenced, erected or maintained upon the Property, nor shall any exterior addition, modification, change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, location of such building, fence, wall, other structure, and any landscaping, have been submitted to and approved in writing as to the harmony and conformity with the exterior design and location of surrounding structures or by an Architectural Control/Review Committee comprised of three (3) or more representatives appointed by the Board of Directors of the Association.
Completion Review. Upon completion of buildings, fences, walls or other structures, and any associated landscaping. The same Committee of the Association shall have the power necessary to continue the enforcement of the common scheme, to make any necessary rule or take any step that the same Committee or the Board of Directors of the Association deem necessary to require maintenance, modification, repair or replacement of any buildings, fences, walls or other structures, and to manage or control landscaping to limit Association expense or to maintain the common scheme.
Landscaping. Landscaping contributes to the uniform common scheme. Therefore the Board of Directors of the Association may institute any rule or regulation necessary in the management and control of the planting and maintenance of plants and associated elements.
So the ACC and BOD sent out guidelines to what is allowed in our mulched areas and states that we can have certain things on our porches, but they will be reviewed and approved for compliance to the common scheme. (the guidelines seem to be more restrictive along with things added that are not in the restrictions, so if the details are being changed,should the homeowners vote to make a amendment to change those items?)
FROM OUR ByLaws: (I believe that the common scheme control is only over the landscaping and anything they require approval for which is detailed)
Common Scheme. The common scheme contributes to the value of the individual Lot(s) and the necessity to enforce the common scheme.
Plan Submission. Buildings, fences walls or other structures shall not be commenced, erected or maintained upon the Property, nor shall any exterior addition, modification, change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, location of such building, fence, wall, other structure, and any landscaping, have been submitted to and approved in writing as to the harmony and conformity with the exterior design and location of surrounding structures or by an Architectural Control/Review Committee comprised of three (3) or more representatives appointed by the Board of Directors of the Association.
Completion Review. Upon completion of buildings, fences, walls or other structures, and any associated landscaping. The same Committee of the Association shall have the power necessary to continue the enforcement of the common scheme, to make any necessary rule or take any step that the same Committee or the Board of Directors of the Association deem necessary to require maintenance, modification, repair or replacement of any buildings, fences, walls or other structures, and to manage or control landscaping to limit Association expense or to maintain the common scheme.
Landscaping. Landscaping contributes to the uniform common scheme. Therefore the Board of Directors of the Association may institute any rule or regulation necessary in the management and control of the planting and maintenance of plants and associated elements.