Definition of landscaping

KarenS11 - Typically an association's maintenance responsibilities are for things described in the governing documents, but more importantly for elements provided to owners at conveyance. Meaning original application by the Developer. NOT items, or upgrades by the owners after they purchased. Don't even take on the task of maintaining everyone's upgraded landscapes. Not only is that an unreasonable expectation but it may even present liability problems to the detriment of the association members. What the Board needs to do is find the original landscape plans submitted by the Developer to your borough. Your Board or Association Property Manager may also have a copy on file. Look to that and the exhibits of the land being described in your governing documents. This will require some research. A definition of "landscape" will have to be determined and it should be based upon what the condition of the landscape that was purchased by each lot owner. However, I'd venture an educated guess it is the original lawns, original planting beds, original trees, original shrubs, original flowers.

Just one definition which includes inert objects as well as living plants., (I would agree that the intent was to maintain 'at conveyance' not the improvements made since and if anyone expects that then you will have to deal with whether they got ARC approval in which case ot could be viewed that the HOA essentially consented to maintain the additions they approved...then you will have to determine whether the HOA can equally remove the improvements if the owners don't want to pay to maintain them)

http://www.cedarcity.org/pdfs/ordinances/ord26-vii.pdf

SECTION 26-69. Landscaping Defined.
Landscaping shall mean some combination of planted trees, shrubs, vines, ground cover,
flowers or lawns. Landscaping may also include xeriscaping, as approved by the City. In addition
the combination or design may include rock and such structural features as fountains, pools, art
works, screens, walls, fences, or benches, but such objects alone shall not meet the requirements
of the Ordinance. The selected combination of objects for landscaping purposes shall be arranged
in a harmonious manner.

Karen,
Most likely, your governing documents should spell out what os owner responsibility and what is association responsibility for landscape care.
If you have the original landscape plan, then you will be very lucky. It may not be true to the original plan as the landscapers hired by the Developer sometimes put less than what the design called for.

But the biggest chink in the plan is that owners all along seem to just plant at their own will, without considering that there will now be more trees and bushes that the budget has not planned for their care. So your Board needs to seperate owner landscape from association landscape. The original pan and the documents will hopefully be the defining determination of who's is what.

Lots of good ideas and input. I was at the landscaping committee meeting last night- the board has been serving in that capacity because NO ONE wants to get involved due to bad experiences in the past. This meeting had two board members there- me and another board member who kept saying "Well, what the docs say and what we have been doing are two different things. If we change now, we will open ourselves up to lawsuits" I have heard that from her for a year and a half now. All I have heard since I got on the board was what we couldn't do and why. But we have done many things- towed seven abandoned vehicles, sued a homeowner and obtained a final judgement of 20k, gotten two properties into compliance wit city code- one that the association had beeen dealing with since 2001!

There are four of us on the five-member BoD (until next month, when one cycles off and I have found two who have agreed to run) and the other three seem to blow off the docs and state statute. Very frustrating. My response is always the same- "Well, we can try to change the docs if you want, but right now, this is what they say, so this is what we will do." Uh......excuse me....NO!

Sorry for the vent- I feel as though I have found a lifeline on this site. I really appreciate all of the responses- even Brian's- LOL! I do what Brian has suggested in my mind when I am nearing the end of my rope!

It was more Brian's style that I was referring to! It's been kinda a running joke since I got on the board that there is a new sheriff in town. Been called a #*@ing nazi %#$@, the gestapo.

One of my favorite things to say when folks have pounded on my door complaining about a towed vehicle or notice about having Christmas lights up in March is to listen to them and let them vent. Then I ask them to review the C & Rs and by-laws, highlight the areas that they feel they should not have to comply with and at the next board meeting, they can request an exemption from the rules that everyone else must follow. (teh, heh.....)

Now that we have committees being established and a good management company, the target shouldn't be on my back any more. It's just difficult when docs have been ignored for years and all of a sudden they are being enforced or to have to try to "convince" the other board members not to pick and choose which areas to enforce. Fortunately our annual meeting is this month and two new folks will be on the board.