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PatJ1 (North Carolina)
Posts: 568
Posted:
Silent in the CCR's and the R&R's, the board has decided that a potted spring flowering plant is a CCR-Violation as an improperly stored item.

A little background. We have a new board appointed board 2 months ago. Our 45 year old community was stripped of all shrubs and in ground plants added and encouraged by many previous boards.

New R&R's were sent out this month effective Feb. 2024. They allow for small basic perennials and annuals are welcome in front of units extending 6 ft. in front of main structure.

My spring potted plant in the front of my unit is now a CCR violation subject to a $100 a day fine. Violation specifically says "No potted plants outside". R&R's don't mention potted plants.

I'm venting. Readying my place for sale. Hope to be out of here shortly.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
There are exclusive use areas in common area. It is usually in a flowerbed area close to front porch area. After that it is common area subject to approval.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
If the plant is in the common area, then the board can regulate what goes in there. On its face this seems kinda dumb, but I don't know any of the details of your community - it may make good sense if I had other information.

(FWIW, I worked in a townhouse community that prohibited more than three potted plants on people's patios. Perfectly legal since the ARC was charged with maintaining the aesthetic look of the community, and plants can quickly take over and start to look junky if they're not maintained well.)
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By PatJ1 on 03/20/2024 7:14 PM
Silent in the CCR's and the R&R's, the board has decided that a potted spring flowering plant is a CCR-Violation as an improperly stored item.

A little background. We have a new board appointed board 2 months ago. Our 45 year old community was stripped of all shrubs and in ground plants added and encouraged by many previous boards.

New R&R's were sent out this month effective Feb. 2024. They allow for small basic perennials and annuals are welcome in front of units extending 6 ft. in front of main structure.

My spring potted plant in the front of my unit is now a CCR violation subject to a $100 a day fine. Violation specifically says "No potted plants outside". R&R's don't mention potted plants.

I'm venting. Readying my place for sale. Hope to be out of here shortly.


Don't know what state you are in but in CA, members can overturn a rule.
Also wondering if the board followed procedures in enacting new rules.
Rules have to be consistent with the Declaration, in case your Declaration does not regulate potted plants on private property.
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By TerriS6 on 03/21/2024 7:56 AM
Posted By PatJ1 on 03/20/2024 7:14 PM
Silent in the CCR's and the R&R's, the board has decided that a potted spring flowering plant is a CCR-Violation as an improperly stored item.

A little background. We have a new board appointed board 2 months ago. Our 45 year old community was stripped of all shrubs and in ground plants added and encouraged by many previous boards.

New R&R's were sent out this month effective Feb. 2024. They allow for small basic perennials and annuals are welcome in front of units extending 6 ft. in front of main structure.

My spring potted plant in the front of my unit is now a CCR violation subject to a $100 a day fine. Violation specifically says "No potted plants outside". R&R's don't mention potted plants.

I'm venting. Readying my place for sale. Hope to be out of here shortly.



Don't know what state you are in but in CA, members can overturn a rule.
Also wondering if the board followed procedures in enacting new rules.
Rules have to be consistent with the Declaration, in case your Declaration does not regulate potted plants on private property.

Failed to mention we are condos, so it's all common property. New R&R's are very specific about what's allowed and what isn't. Potted plants are not mentioned. They are allowing a small area in front of the units for plantings.

In order to be enforceable shouldn't potted plants be prohibited in the R&R's?
TerriS6 (California)
Posts: 3,284
Posted:
Sounds as if this will be your Buyer's issue pretty soon. Since a potted plant is a planting (unless "planting" is otherwise defined in your docs), and potted plants are not mentioned/prohibited, you could argue it's allowed. Because it is common area, the association would probably win that argument.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We had someone plant plastic flowers in their flower bed. We had to send them a notice. It is not in the rules you can't. It just looks bad and tacky.

Former HOA President
ElleN (Idaho)
Posts: 4,420
Posted:
I cannot tell what is in the Rules and Regulations (R&Rs) and what is in the Covenants (CC&Rs).

On this subject:

Can you please quote exactly what the new Rules and Regulations say?

Also please quote exactly what the Covenants say.
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By ElleN on 03/21/2024 9:42 AM
I cannot tell what is in the Rules and Regulations (R&Rs) and what is in the Covenants (CC&Rs).

On this subject:

Can you please quote exactly what the new Rules and Regulations say?

Also please quote exactly what the Covenants say.

Thank you in your interest in digging into this further with me. Seems everything needs board approval now. Even a potted plant. I have decided to comply and abandon this quest as I will be moving soon. A decision I made last summer while planning my retirement. No HOA's for me. Sadly our wonderful community has been destroyed both physically and mentally by our new board's changes and actions against our owner's.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Just as a rule of thumb in condos, if it involves the common elements then you should assume approval is needed.

If it involves the interior of your home (from the drywall in), usually no permission is needed - but there are exceptions even there.

In short, if it can affect anything that you don't personally own, stop and ask questions first. The CC&Rs should spell out what is considered to be "unit" (you personally own), "common elements" and "limited common elements" (which you and the rest of the membership own jointly).
PatJ1 (North Carolina)
Posts: 568
Posted:
It all boils down to you get what you get if you don’t attend the Annual Meeting and vote for a board. The new board has not done anything that they can’t do. They are sloppy with the violations, tagging a car for tow on Monday and towing it 2 days earlier. They came in with an out with the old, in with new, attitude and made a whirlwind of changes in a very short period of time.

They are inexperienced in business, finance, communication, and HOA’s. They have lived here a year. They are newcomers surrounded by a majority of owners that have been here 25-30 years who don’t attend meetings.

If they talk to you at all, they talk at you, not with you. President walked past me and my 93 year old neighbor yesterday and never looked up from her phone. I haven’t met her. Heard she scoffs when she hears my name.

They've changed Management Companies effective 4/1/24. I've done that before, would rather eat glass. Took months to get things running fairly smoothly and the dues current again.

We now require parking passes with towing in 24 hours if the tag isn’t visible. Sign up is tomorrow and Sunday from 12-2 only. Passes are required 4/1/24. Owners and owners with their renters must present themselves to the board to pick up passes. We have 144 units and 350 parking spaces.

I won’t be here long enough to see how long it takes them to realize how difficult, and hugely time-consuming it will be to enforce all their new restrictions and keeping records of which potted plant, bird feeder, bench, etc. has permission and which one doesn’t. They’ve already given themselves permission for awnings, excessive landscape lights, flags, bird feeders, and planters. I spent 5 years replacing all our railings with aluminum. One board member tore his out and replaced it with a taller one that opens a different way. He was approved for the structural change.
DeanJ
Posts: 1,786
Posted:
I hear the I am moving every time my HOA board turns down an improvement request. If denying an outside potted plant is a deal breaker for you, you should move.

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