Condo Association Management Blog

It seems like your Association is allowing the minority to run over the majority. That needs to stop. To do so you need to take a strong stand and not back down. Have the Association's landscaper remove the undesirable plants, and since letters don't work hire an attorney. Also since there are death threats contact the police.

I agree with the above person. Stop it now or it will get worse. Contact the police and a lawyer. Maybe the guy will move.

Has control of the association passed from the developer to the Council Of Unit Owners? If it has,I'd suggest a registered return receipt letter to each offender citing the applicable bylaw restriction and alert the unit owner to possible penalties (fines) or having your professional landscaper remove all unauthorized plantings.

No need to contact a lawyer until you've exhausted your other options. First, has the association been turned over to the homeowners? If so, send certified, return receipt letters of explanation to offending homeowners indicating where they can find this information in the bylaws. Indicate that a fine will be implemented if the situation is not corrected within 30 days of the date of the letter, and that fines will continue and/or increase until they (or the official landscaper) have the situation remedied. 
 
Absolutely call the police regarding the life threat. It may seem like 'just something someone says when they're upset', but these threats can and do lead to much worse problems. Nip it in the bud! (No pun intended) 
 
If the letters fail, send in the landscaper - but only after filing a police report on the threat. You want to be sure the workers are safe when they work in the area. Prior knowledge of a threat without filing a report can land you in hot water if something should happen.

Appreciate your replys. All good suggestions. BOD will meet again soon so any other ideas will be appreciated. 
We now have a very strong letter from builder stating that he gave very limited oks for a few flowers in a small area. He also stated that he had, and now we as the BOD, can give permission or not to plant flowers in common areas. 
All who bought read the rules and signed them. 
 
Thanks again for your expertise and support

I don't know about New Hampshire but here in California a friend of mine took the Board to court (small claims) and won. It was over the same thing, minus the ok supposedly given to residents. People were just doing their own thing on common area which made the complex appear hodge podge just as you described. The court ruled she was entitled to enjoy her property as stated in the CC&R's. It was that simple. The landscaping was turned over to the landscapers. Owners have no control over the common areas. My question is who gave the three residents permission to plant as they choose? Was it really someone in authority? Do they have it in writing and were you informed when you purchased that a select few were given this permission? As I said the court ruled that my friend was entitled to the enjoyment of the complex as described in her rules. If you decide to go to small claims be sure and take lots of pictures of the bad area as well as professionally landscaped areas. And of course a copy of your CC&R's showing the portion that states the landscape rule.

Even if the developer gave permission to the homeowners to plant in the common area, if the developer is now gone the BOD can take away that privilege. The board should not be afraid to exercise their authority. What these members are doing is a violation of the CCRs and should be treated as any other violation would be treated. Thee is no need to get an attorney or the police involoved as some have advised. The board should just send letters of violation with fines attached if the violation is not cured within the time stated in the letter. If the fines are not paid and the violation not cured only then should an attorney be consulted.

Assuming the three residents are in fact in violation, you do not need a lawyer. Go directly to small claims if the board refuses to take action.

its people like you that make living in an association unbearable. YOu are pissed because they planted flowers and have improved the curbside appeal of your neighborhood without charging the association. You really are an asshole.

You must have WAY too much time on your hands to worry about what your neighbor's have planted in front of their HOME! Maybe you might want to plant some flowers too and stop your bitching. Life is too short to bother your neighbors over something so trivial like a few flowers and bushes. Remember what goes around comes around...people like you will get it in the end. Find something else to fill your miserable life and leave your neighbors alone. Choose your battles and this clearly is not one to be worrying about....come on...flowers? You are losing sleep over your neighbor's flowers?

What if the owners worked with the landscapers and planned a common garden theme. Our little town does this and the results are wonderful and even a tourist attraction. Hopefully funneling all that green thumb energy into a creative project will calm nerves and create a better landscape in the process.

We have a rule that owners have to submit their plans to the Board. The Board hopes to at least keep native species that are heat tolerant and able to survive on their own. Unfortunately, we had someone on the Board who was really elderly and she gave approval to some folks -- so now we have to wait until they move out before we can tear out what they planted. 
 
 
 

I am going to assume 'MYOB' and 'you stink' that you are the classic example of why rules are necessary. People who think rules should not apply to them. You could probably care less what the place looks like. If that is the case why don't you move to a single family home where you can grow dirt in your backyard if you want as long as no one has to look at it. I've seen the results of residents own poor landscaping, and it can be horrible and very unorganized. A condo complex is not a free for all to do what you want. When you buy there you agree to the rules, not make them up after you move in, and call people names for expecting them to be enforced. Beautiful and well maintained landscaping is called curb appeal and buyers look at that when deciding whether they want to buy there. You must respect the fact that this is probably an owners single biggest investment. Your name calling is totally out of line here. This is not utube. 
 
Sues idea is very good, having an owners landscape committee to help design what will go in.

Jackies comment about the negative comments is right on target. We are not talking about a few flowers. If that were the case I would not have asked for help. 
The offending people have crammed so many different types of flowers and pottery that it overwhelms you. 
Flowers, porcelain mushrooms two feet high, 
Glass balls, bird cages, mushrooms etc. 
The list goes on. 
Rod iron surrounding the air conditioner unit. 
It grows every day. 
They all read and signed the rules when they bought here. 
We all do have a life and are not petty. A few flowers would not have caused us to ask for relief. 
I do thank all for their comments, 
Just some more than others.

MYOB and Stink: I have been a board member for over 7 years. You are typical of people that don't want to follow the rules set forth by the declarations of incorporation and the CC&Rs created by the democratically elected board members. You use foul language, an abusive tone, and hide in the anonymity of a vitriolic name. The board cannot "myob" because your fellow homeowners voted them in to protect their investment. Would you want your stockbroker to back down if a fund representative didn't like them snooping around to do their "due diligence"? You would probably take the stock broker to court with the same anger you show the board members. I keep getting reelected because a vast majority of the homeowners think that my fellow board members and I are doing a great job of keeping our property the best looking in the area. This summer we are going to crack down on the 3 or 4 homeowners who refuse to bring their entryway (common area) gardens into compliance with the CC&R rules. All will be sent a letter defining the rules then anyone not complying will be sent a warning letter. After that fines follow and a lien will be put on their property if the fines are not paid. Anyone threatening to "kill anyone trying to remove their beloved plants" will be reported to the police immediately. The board members volunteer their time and don't need to waste their free hours battling idiots.

If this area is a common area / limited common area stipulated as an area to be maintained by the Board, court actions, fines and liens are unnecessary. Why? Because it is up to the Board to maintain..meaning the board can modify or change the landscaping in these areas at any time.  
 
However, in order to "preserve" what little harmony you may have, form a landscaping committee and make them agree on what is to be planted and provide guidelines in order to do so, i.e., uniformity, height, what can't be used, density, etc. Once a consensus can be reached, the Board should hold a meeting and adopt their policy. 
 
In order to prepare the owners who have planted in these areas, give them a time frame to remove anything they want to keep and stipulate that it cannot be returned to the area and that it must be kept inside their own property, or otherwise it will be removed immediately without warning. Anyone who returns items will also be fined. 
 
Uniformity in planned communities is essential to protecting property values.

We sent letters out registered, return receipt to the offenders and told them they have 30 days to remove the plantings and other ceramics etc or we will remove them. 
One of the families refused the letter but has had the other people who did sign for the registered letter over to meet with his attorney. 
What can we do now that he has refused the notice? 
I am really sick of this.  
I know there are at least 4 more people that are waiting to see what happens. They want to do things in their yard that are not allowed and will do so if these three continue to get away with what they are doing. 
Thank you for your help.