Items on Balconies

I am on the landscape/architectural committee of a 34 unit condo association in California. We have buildings with 2 and 3 stories which have balconies. There are currently no guidelines in our CC&R's or Rules and Regs regarding what can be on the balconies. Currently, we have some homeowners and/or renters who have balconies full of plants, patio furniture, BBQ's. We are concerned not only for the weight on the balconies, but the fire hazard of BBQ's being up against the buildings with lots of wood. Any advice would be helpful!

Janet, with regard to the BBQ grills you can check with the local government or fire department. Often there are ordinances restricting them.

Some fire codes restrict anything that can be flameable with a footage line such as 10 feet from any structure. I would never want any BBQ on any balcony because of the smoke intrusion into other units. It happens no matter how careful the user wants to be. But to restrict tables, plants and things that are basically for making an outdoor living space for the owner, IMHO is just restrictions that are a little to much. Control of the items is fine but non allowance should be beyond the HOAs authority . That is why you need clear written restrictions in your CC&Rs.

Personally, I would be very slow to address plants on the balcony. And I would recommend leaving the weight issue off the table as you could end up in a very costly situation when someone sues because of the hazard of balcony that isn't safe based on your weight assumptions.

As others have said, I would get the fire department involved on the grills. A good chance they will address other materials on the balconies for you as well.

Outside of that, you will need a clear guideline of what is and isn't allowed. And I would suggest that you put it to a community vote as well. Then if passed, I would resign and let someone else take on that headache as you will still take the heat while those voting for the measure turn on you when they realize you meant their neighbor. (Or maybe they knew and and want you to do something but also want to appear to be on the neighbor's side.)

If not already addressed in the CC&Rs then it would be a simple matter to pass a rule stating what items are allowed on decks and balconies.

ADOPTING AND AMENDING RULES IN CALIFORNIA

"Operating Rules" are defined as any regulation adopted by the board of directors that applies to the management and operation of the association or the conduct of its business and affairs. Civil Code §1357.100 This includes pets, parking, use of the common areas, member discipline, architectural standards, election procedures, any schedule of monetary penalties, etc. Civil Code §1357.120(a)

Excluded are decisions relating to common area maintenance, a specific matter (as opposed to a general policy), assessment amounts, a nondiscretionary rule change required by law, or a rule that repeats existing law or the Association's Bylaws, CC&Rs or Articles of Incorporation. Civil Code §1357.120(b)

Enforceability. Civil Code §1357.110 An operating rule is enforceable if:

* in writing,
* within the board's authority,
* consistent with governing law and the associations governing documents,
* adopted in good faith, and
* reasonable

Notice of Proposed Change. At least 30 days before a vote on adopting or amending an operating rule, the board must mail a copy of the proposed change to the members, along with an explanation of their purpose and effect.

Adoption in Open Meeting. After the 30-day period, the board may adopt the rules at a duly noticed open meeting of the board, taking into consideration of any comments made by association members. Civil Code §1357.130

Notice of Adoption. Within 15 days of voting on the rules, the board must notify the membership of the results of the vote. Civil Code §1357.130

Member Veto of Rule Change. Members owning 5% or more of the separate interests may call a special meeting of the members to reverse a rule change. Civil Code §1357.140(a) However, The written request may not be delivered more than 30 days after the members of the association are notified of the rule change. Civil Code §1357.140(b) The board must give notice of a special meeting and send out ballots pursuant to Civil Code §1363.03. The rule change may be reversed by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at which a quorum is present. Civil Code §1357.140(c) The board must notify the members of the results of this vote within 15 days. If an operating rule is reversed, it cannot be re-adopted by the board for at least one year. However, the board may vote on other operating rules covering the same subject. Civil Code §1357.140(f)&(g)

Emergency Rule Change. If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change; and no notice is required. An emergency rule change is effective for 120 days. Civil Code §1357.130(d)