Minimum Landscaping Requirements

Our community was built by two developers (WCI then Lennar) and the second developer installed landscaping only on the front of the homes, leaving the sides and rear with no plantings. The first developer installed extensive landscaping on all four sides of the home and included it in the purchase price. To reduce the disparity, the HOA arranged for a greatly reduced cost per plant that included the sod removal, installation, mulch, and any irrigation modifications necessary. A good number of homes took advantage of the offer, and we called it a neighborhood beautification program.

My question is how to address the homes that did nothing and continue to look stark and devoid of any greenery along the remaining perimeter of the home.

Our documents have all the usual language on aesthetically pleasing and maintained properties, and extensive ARC guidelines to cover any exterior landscaping or building modifications. We have a phrase that references homes must be maintained to community wide standards, with no definition as to those standards. We clearly can require maintenance of existing home and landscaping, but have nothing to suggest we can require additional landscaping.

Could the Board pass a minimum landscaping requirement that dictates, for instance, the corner 10 feet and rear of the homes must be landscaped? As Board Secretary, my concern is if we have the authority to pass such a measure. I'll all in favor of the end result, more aesthetically pleasing conformity throughout the community. I know the best path is to hold a member vote to authorize the Board to implement a minimum landscaping policy. Short of that, could or should the Board proceed with voting to approve the document and enforcing the policy. I'm reluctant to follow that path without confidence we could win this in court if a homeowner refused to comply.

Thanks in advance for all opinions. Please do not focus on the developers, each fairly priced homes for a target audience and sales were brisk for both.

Steve

Whatever actions the board takes need to have their foundation in the governing documents. You're right to be concerned about overstepping and what options you'd have available to you if homeowners won't comply. I assume the lots are owned by individual owners, not the association as with condos. If your declaration is silent on landscaping and you don't have anything in the declaration or bylaws that would allow the board to change this

It seems like you've already taken the most reasonable step, which was to arrange with a local firm to provide landscaping to those without plantings. You could try that again with the homes that still don't have anything, maybe a very basic package at a lower price and see if you get any takers.

One thing you should think about is that people who aren't doing this may have stretched financially to buy their homes and they just don't have the money to spare. Better a bare yard than missed assessments, I think. And these folks are probably unwilling to say that they can't afford it.

SteveM40, are you a director on the Board (along with also being the Board/HOA Secretary)? Clearly you are an officer (meaning typically President, VP, Treasurer, or Secretary). But depending on what the Bylaws say, an officer is not always a director as well.

A few observations:

-- As CathyA3 points out, your Board needs to have a basis in the CC&Rs to make such a rule. I doubt there is a solid basis in your HOA's CCRs for such a rule.

-- I have doubts that the CC&RS and Bylaws give the Board the authority to spend the HOA membership's money on individual homes' landscaping. You say the board called it a "neighborhood beautification program." Do your CC&Rs and Bylaws authorize a program like the one you describe and spending money on same?

-- You do realize that the HOA Board instructing a HOA-contracted landscaper to work on individual lots raises liability concerns for the HOA, correct?

-- Your board may need reminding (from say its attorney) that the Board cannot just invent covenants, rules and programs because the board thinks 'it sounds like a good idea.'

Steve, based on what you said:

Our documents have all the usual language on aesthetically pleasing and maintained properties, and extensive ARC guidelines to cover any exterior landscaping or building modifications. We have a phrase that references homes must be maintained to community wide standards, with no definition as to those standards. We clearly can require maintenance of existing home and landscaping, but have nothing to suggest we can require additional landscaping.

I say there is "wiggle room" to set some minimum standards.

I have seen weirder clauses in mortgage contracts, It sounds like the mortgage lender is trying to protect their assets incase the borrower defaults and the bank has to sell, and they want to sell quickly
and not want to add anything to facilitate a quick sale.

FYI

Our association does all landscaping (front and sides)and as we strive for a common look one is not allowed to do any landscaping. Even trees and/or bushes must be replaced with identical species. Each home has a 7ft privacy fence surrounding their backyard (24 x 30 feet) where one can do as they wish.