Landscaping Problems

Started by ElizabethB2 • 7 replies • 1701 views

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ElizabethB2 (Michigan)
Posts: 18

Posted:

Our Association is yet a baby, we bought our condo about 1 1/2 yrs ago, we still have one unit open. Last fall I was nominated to be Treasurer. Our HOA has only eight units and will not be expanding. We had a "meeting" about how we wanted to do the landscaping, since there is nothing right now. We "tossed around" some ideas, hedges, no hedges, fencing, trees, plants etc....well we never came to a solid conclusion, nothing was documented since we were four neighbors just "tossing around" ideas. The newest of the homeowners somehow got it into their heads that we had a formal agreement that we were going to get hedges and that everyone was going to purchase the rest of the landscaping and "beautify" their own lots?? So last week, we found him planting a 6-7 foot crabapple tree in the front yard! Mind you, our condos are more like duplexes....two together and across the drive is another set....he happens to be on my side.

Anyway, after approaching him he got all huffy and walked into his house! We are holding an actual meeting tomorrow night with the developer to help facilitate. Also, these condos were purchased as Low Income Housing, so a lot of the home owners, myself included, are young families that cannot afford spending $200-300 like the neighbors just have. Does this have to be so awkward? Besides having the meeting tomorrow, what else is there to do? Any suggestions that I should bring up? I really wanted to plant one tree on each side, then some nice plants and flowers in the planter along the front of the condos.....something that a landscaper had actually suggested and gave us plans for (My sister and design landscaper did this for free) I guess I needed mostly to vent....this has been hanging on my head for over a week and every time I walk out my door I see the tree!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Elizabeth,

As the treasurer of your Association you should first determine if there is enough money to do landscaping. Don't just look at the check book and say there is plenty. As a "baby" Association learn from those out of the cradle and do a Reserve Study first to determine how much of the Assessments need to be set aside for future repairs (roofs, paint, termite control, fences, signage, etc.) and maintenance. Then draw up a budget and see what you can and can not afford. This will probably establish how much landscaping the Association will do.

Tim

GlenL (Ohio)
Posts: 5,491

Posted:

Elizabeth what do your CC&R's say about landscaping? Is it every unit for themselves or is the Association responsible for it? If your neighbor planted on common elements, most documents will require him to return it as it was.

Studies show that 5 out of 4 people have problems with fractions

ElizabethB2 (Michigan)
Posts: 18

Posted:

Quote:

Posted By TimB4 on 05/18/2010 7:43 PM
Elizabeth,

As the treasurer of your Association you should first determine if there is enough money to do landscaping. Don't just look at the check book and say there is plenty. As a "baby" Association learn from those out of the cradle and do a Reserve Study first to determine how much of the Assessments need to be set aside for future repairs (roofs, paint, termite control, fences, signage, etc.) and maintenance. Then draw up a budget and see what you can and can not afford. This will probably establish how much landscaping the Association will do.

Tim

We already have an established budget. We have a budget for all of the things that you mentioned. The budget essentially was in place by the lawyer and developer when we, the homeowners, took over. My husband and myself both have reviewed the budget and feel that spending $600 is pretty conservative. Thanks for the input!

ElizabethB2 (Michigan)
Posts: 18

Posted:

Quote:

Posted By GlenL on 05/19/2010 10:31 AM
Elizabeth what do your CC&R's say about landscaping? Is it every unit for themselves or is the Association responsible for it? If your neighbor planted on common elements, most documents will require him to return it as it was.

I am new to the terminology, so I am not quite sure what CC&R means, but in our bylaws, it says that all common areas are to be decided by the association as a whole as to what is done with it. I have spoken with the other 2 homeowners who find that this guy has kind of disregarded the bylaws and took it upon himself to do what he wants. We have a meeting tonight, I update how it goes... And yes, I would really like him to return it to the way it was.....since it is afterall common area.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Elizabeth, keep in mind that since it's a common area, the HOA board can "return it to its original state" if the homeowner does not.

MicheleD (Kentucky)
Posts: 4,491

Posted:

CC&Rs on this site is the term generally used to mean the deed restrictions or deed covenants.

The Bylaws generally address the administrative functioning of the association, the board make up, the voting requirements for the board, what officers should exist, their roles, etc.

The CC&Rs generally address the "contract" the homeowner has with the association regarding the "do's and don'ts" of the lots/units.

DeeS1 (Michigan)
Posts: 223

Posted:

Wasn't the developer responsible for common area landscaping?

If so, the approved Site Plan and/or Master Landscape Plan should be on file with the township/city prior to them granting approval to develop the area. You might want to check with your local planning department.

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