Architectural Guidelines

Except for work done by or on behalf of Declarant or any Declarant Affiliate, no structure or thing shall be placed, erected, or installed upon any Lot, and no improvements or other work(including, without limitation, staking , clearing, excavation, grading and other site work, exterior alterations or additions, or planting or removal of landscaping) shall take place within the Community, except in compliance with this Article and the Architectural Guidelines.

Any Owner may remodel,paint, or redecorate the interior of any structure on his or her Lot without approval hereunder. However, modificatons to the interior of screened porches, patios, and any other portions of a Lot or structure visible from outside a structure are subject to approval under this Article. An Owner shall not make any additions or changes to the landscaping initially installed by Developer, except for a hedge which shall be required around the exterior perimeter of any pool screening approved in accordance with this Article.

One board member thinks you can't change original plantings. The other thinks it can be changed with ARC approval.(We are townhouses all outside planting areas are common property) What are your thoughts?
thanks
Barbara

How does this portion come into play, Glen?

An Owner shall not make any additions or changes to the landscaping initially installed by Developer,

I think you need to amend your documents. The way it looks to me, you don't have the authority to allow changes to the plantings. Of course it also seems like a really stupid idea to have that rule. But that is not so unusual.

Donna you are so right, the six foot Blue-Spruces looked nice planted six feet away from the buildings and intermixed between the baby Elm trees every ten feet. Fast forward ten years when the BS were taller than 2 & 1/2 story buildings and squared at the back to keep the branches off the buildings and fighting with the Elms for dominance not so much. Thank god for chain saws.

Hi Donna,
This issue has just been raised as h/o's have in the past been given permission to remove plants on common property. You had to step out of your car into grass(which was usually soaked) so that board decided to let h/o's remove the grass and/or plants and put down pavers.
All grass and planting areas are common area.
Architectural Guidelines
"Upon termination or delegation of Declarants's right to amend, the Board may amend the Architectural Guidelines, subject to Declarant's veto right under Section 4.2(a)(if still applicable)"
The convenant doesn't allow for any additions or changes to the initally installed landscaping.To change the convenant we need a homeowners vote.
We have some ARC applications pending wanting to remove the grass and put pavers like have been allowed in the past. I don't think we can allow it, what do you think?
Barbara

Michelle and Barbara,

Because of this above bolded statement, it makes one realize that sometimes developers leave associations in such a horrid mess. Change this all by taking it to the members thru an amendment. If you follow these landscape statements, the landscape will get worse looking that it already is. Some of the original plants were horridly wrong for where they were planted. Water and soil conditions are sdding to the demise of the look of these plants.

Barbara,
I've read through your thread and a couple of things come to mind, many of which have already been stated:

1. You need to amend your documents. Most obvioulsy to everyone is that, as time goes on, landscaping does change and also needs to be changed. Our complex is 8-9 years old and we are still replacing [lantings the developer installed. We are replacing because they not lasted the test of time. This of course is a board decision, not the decision of an individual homeowner. We allow owners to change their plantings as long as it is in pots or in areas that are a;lready designated fro plantings, area we already mulch and maintain.

2. Since you have a few owners awaiting on a board decision you are somewhat pressed for time. I would have no problem suggesting to the others on our board, to approve the applications pending. This would depend on their request, however. The board would have to look at each proposal and see how it fits in with the existing and how it might affect setting guidelines for the future.

This is a perfect example of how as association's, many times we don't have the appropriate documents in place. It does provide us with an opportunity to correct the situation. It also, in my opinion, could lead to excessive rules. In the ideal world, associations could be much more fluid, IMO.