What Is Allowed in Your Condo Backyard?

-- Can you please clarify: Do you want rigid rules that the owners are required to follow, or do you want guidelines that the owners are not required to follow?

-- If you want rigid rules, then there has to be a basis for them in the Condo's governing documents (Declaration, et cetera). Also, the governing documents must give the Board the authority to establish rules pursuant to what is in the Declaration.

-- If you want guidelines that owners are not required to follow, have at it.

-- It might be best to quote exactly what the condo's Declaration says about use of this space. Alternatively, you can post the Declaration (or its relevant pages) as an attachment.

You wrote that your condo has four units. How many directors (on the board) do the governing documents require?

It's extremely rare that the governing documents of a HOA or condo give the Board the authority to amend the Declaration and Bylaws. Such a provision can lead to chaos, as one board could amend the Declaration, and then a subsequent board could change the Declaration back to what it was originally. And round and round the condo goes. Nationwide, nearly always a vote of the membership is necessary to amend, with typically 2/3rds or more "in favor" required for the amendment to pass. Do double check that a vote of the membership is not required.

Then again, this is a very small condo.

If in fact a membership vote is required, then without the membership vote, the only act the Board may take on this is to create rules that enforce a part of the Declaration or Bylaws. So far, it appears that your Declaration and Bylaws are silent regarding how one may use their LCE garden space. If the Declaration and Bylaws are silent, then I believe the Board may not legally impose restrictions on the use of this land.

If the Declaration is silent on use restrictions of LCEs, then I would be surprised.

As a matter of law, if three board members want to do something inconsistent with the covenants, then they cannot lawfully do so unless the fourth agrees.



To avoid litigation; threats of lawsuits; or conflict in general, when the board wants to do something inconsistent with the covenants, it's best to do a membership vote and, as required by the covenants, get unanimous agreement of the members.



What I have seen is one unit, one vote. In the case of a unit belonging to two or more owners (via marriage or whatever legal agreement), it is up to the owners of the unit to decide how they will vote. It is not the board's problem. In other words, of one spouse co-owning Unit B wants to vote for an amendment and the other spouse co-owning Unit B wants to vote against, they need to decide together what their final vote will be and cast their vote accordingly (or cast no vote at all).



Thank you for clarifying. I suggest you send a letter to the members asking what restrictions, if any, they want to see on the use of their LCEs. Remind them that whatever they propose would have to receive approval of all four units (with each unit getting one vote). Some of the most contentious items here at hoatalk have involved fences, swimming pools, mobile homes, large trucks, abandoned vehicles, basketball courts, sheds, trees with invasive root systems, guest homes,signage, garbage cans, storing abandoned furniture in one's backyard, landscaping that is poorly cared for, and landscaping that is inconsistent with the rest of the neighborhood.

I am sure others will post to the thread in the next few days with suggestions.

Thanks for your reply - the below part is particularly helpful:

"Some of the most contentious items here at hoatalk have involved fences, swimming pools, mobile homes, large trucks, abandoned vehicles, basketball courts, sheds, trees with invasive root systems, guest homes,signage, garbage cans, storing abandoned furniture in one's backyard, landscaping that is poorly cared for, and landscaping that is inconsistent with the rest of the neighborhood."

Indeed, we have already asked for all members to submit their thoughts. And our docs seem to not specify that any new Board regulations clarify/support existing docs. But our efforts do seem related to things in our already weakly defined docs. We do have several of those relating to our Common Element, and a further definition that our Limited Common Elements are a sub-category of the general Common Element.