Maintenance responsibility for owner exterior additions

I am in Virginia and work for the developer of a large commercial and residential development. The HOA in this development consists of several different residential "Zones". For example: one zone consists of townhouses who get a specified type and amount of exterior building maintenance and yard maintenance, and Single Family homes are in another Zone that get only lawn/landscape maintenance. Each Zone has their own budget and own assessments. The level of maintenance, budget and assessments were based off of approved construction plans that would exist at the time of construction completion. However, the developer/hoa does allow any home in each Zone to add trees or additional landscape beds (with ARC request and approval), but the HOA does NOT pay for nor maintain the landscape additions. It is up to the homeowner to take care of themselves or arrange with the HOA grounds keeping contractor to take care of and owner pay the contractor directly for maintaining the additions. While a little complicated to keep track of what is original landscape that the HOA handles and pays for VS what is owner added that the homeowner handles, that is what is done. Having said that, a little more difficult to decide about concerns driveways. Maintenance coverage for townhouse driveways include repairs of cracks and re-surfacing approximately every 5 years and also funds reserves for driveway replacement at the end of its estimated useful life. A homeowner has inquired about adding on to their driveway. Again, budget and assessments are based on what was originally installed by the builder. The HOA has not yet decided on how to handle owners who want to add on to their driveway. There are several considerations, but the main question revolves around how to handle maintenance responsibility if the ARC allows driveway add-ons? Or should they just not allow any driveway add-ons. Should the ARC allow and require owner to provide the same level of maintenance as the HOA at the same frequency and pay for it out of their own pocket? Then the HOA, along with the contractor, would need to track what is HOA maintenance and what is owner maintenance. Or do we create HOA bookkeeping headaches and assess additional amounts to individual owners for the HOA to handle maintenance for any add-ons (of course add-on maintenance costs could be different for different homes depending upon the expansion) then adding further bookkeeping headaches. Then there is the issue to consider about adding impervious surfaces to an already small townhouse yard...and if the HOA allows one owner to add-on, then they'd have to allow everyone if others so requested. Or can the HOA establish guidelines where they only allow end townhouse units add on because they have larger yards that would better accommodate more driveway not eating up and entire rear yard? (note: townhouses have rear driveways and garages). Should the HOA set a ratio/% of driveway to lot size and let that be the determining factor. The HOA governing documents are very vague on many things, and does not reference driveways specifically. Docs only reference that the "Design Standards or the HOA may regulate or prohibit..." and also says "to address specific issues that arise within the community, the HOA may adopt rules or may amend Rules and Regulations interpreting or expanding upon the basic principles of the Residential Declaration". I would appreciate any thoughts or sharing of experience with this type of situation.

Wow. Beverly, please re-format that wall of text!

And I see you work for the Developer, Beverly. If the Developer is still in control of the association, my personal view is the Developer isn't doing the homeowners and future boards any favors with the granting of all sorts of variances, for lack of a better word, when it comes to who's responsible for maintenance. Way too many variables. How many of these type of homes are in that zone?

I agree with you. While I found the documents allow for additional improvements, the HOA should initially have handled it as an added Individual Parcel Assessment charged to the property for the added maintenance.

I'd like to now figure out if there is a way the HOA/developer can somehow go back and make this change to the 8 existing parcels that added landscape where their approved landscape additions would be handled by the HOA with the additional assessment. Each of these 8 property owner's have hired the HOA landscaper to take care of their added improvements, so I don't think that would be an issue for them to agree.

Geez, the more I get into this the more I think they need to get some assistance from their HOA attorney. Honestly, I don't think many HOA's who provide full yard maintenance allow additions to landscape for reasons such as this. I've just been thrown into all of this.

Oh, Geno, there are currently 28 units in this Zone, but more to come beginning summer/fall 2020.

Beverly

We are small, standalone patio homes. The HOA does all landscaping except for a small backyard surrounded by a 6ft privacy fence. We do not allow our owners to do any type landscaping even planting flowers. We do this for two reasons. We want to keep a uniform look and if the landscaper had to "jig" around owner planted stuff, they would charge us more. We do have planters, hanging plants, etc. that people install but not allowed on lawns. In other words out of the landscapers way.

I agree with Melissa but for a different reason: if a townhome owner wants to expand their driveway, they will very likely need to encroach on common elements, and that's a non-starter. They'll be claiming property owned in common by the entire community for their personal use. If the developer grants this without modifying the governing docs with plats, he's asking for lawsuits.

John, yes this is exactly how the landscape should have been handled. We have about 8 houses now that have been allowed to add a small amount of landscape in the rear yard. The new question is how to we go about rectifying this mess...not allowing owners to add landscape going forward without creating upset homeowners or a legal issue. And is there any remedy on the 8 houses who were approved added landscape at owner's maintenance expense?

They actually updated the entire statute.

The new version is available but doesn't become law until October 1, 2019.

Then implement it for the remainder of the homes. A Declarant can change Covenants and let the chips fall where they do.