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Personal use vs. abuse of condo association and HOA common areas

  
  
  
  
  
I am on a board for a HOA in California. May any board member or owner decide to use any of the common areas for their own personal use (in this case planting inappropriate plants that damage other parts of the landscaping and that could cause severe injury (certain kind of cactus), telling our landscaper to not trim vegetation that affects exterior walls and could be a source of pest infestation)?
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Comments

Our Board has a set of principles and code of conduct to adhere that would prevent and condemn such actions.  
 
Posted @ Monday, November 15, 2010 1:22 PM by Al Jacobson
The HOA should be responsible for any landscaping of common area. Check your legal documents. I'm guessing this is NOT allowed. If every owner 'did their own thing' with landscaping near their unit, it could have very unappealing results.
Posted @ Monday, November 15, 2010 2:26 PM by c
Our HOA Board (also in California) deals with some members who replant common areas, place personal property in common areas - and this activity is strictly prohibited within our CCR's. These matters are discussed in closed meetings at our board. We send violation letters out to the violating member and if necessary we will dispose of the personal property on common areas. Many times, the landscaping company will not provide warranty or upkeep on landscaping that is not under contract with them, we we discourage members from affecting the landscaping, though some have tried. It is upon their own financial responsibility if we need to restore.
Posted @ Monday, November 15, 2010 2:28 PM by M. DelValle
Yes, we have the same problem in our HOA here in Clearwater, Florida. We will send a letter to the homeowner asking to remove any unauthorized plantings, after notice was we will remove those plantings and whatever.
Posted @ Monday, November 15, 2010 3:39 PM by Walter Kuhlmann
We have the same problem with one of the owners digging up various areas in the common yard and even planting a vegetable garden with a wooden border around it. Our Bylaws saw the common areas cannot be altered; however, this owner was on the board when she did it and no one objected but me, again and again, each time another area was dug up. Rather than the board doing their job, they accused me, in writing, of having a vendetta against this person and "we find this troublesome." What was troublesome was the board not upholding and enforcing the bylaws. The sidewalk this owner put in that reached from her patio gate to the property back-sidewalk is still there.
Posted @ Monday, November 15, 2010 6:28 PM by nellie
I think the HOA in South Carolina is discriminating aganist owners that want to rent their unit out.They charge a $200 fee to move in,a security deposit to HOA, and if a lease is broken $500 penalty fee to renter.Can they make any rules they want? Now they want to limit the amount of units to be rented. They make it impossible to break even financially. HELP
Posted @ Tuesday, March 29, 2011 5:56 PM by L.H.
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