💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AlexL1 (Florida)
Posts: 305
Posted:
We ( as a Board) would like to establish a "sort of"uniformity as it pertains to landscaping within the complex. As it has been for some time now, some bushes are cut to mid window height, others to the height of the window..... others 6 inches below the window sill, etc etc. One resident wants it cut this way and NO Other way. They will oft times (different individuals) pin a a do not trim sign on their bushes... others will pin a sign to cut to 3' height and no more and one owner absolutely refuses to have their bushes cut at all so they are high and covers the balcony completely. If we establish a rule for proper pruning, this one person would undoubtedly consult a lawyer against the HOA. That same person is (without any doubt) being mean JUST because that person wants to prove that they have power against the HOA...The unfortunate part is that we can not establish a uniform ane PROPER pruning plan if one person absolutely refuses.. if that one person refuses and we bend, then that means any one else can do what they want also.
BradP (Kansas)
Posts: 2,640
Posted:
Alex

who owns the landscaping? If it is the homeowner then I don't see what you can do and I also think it is near impossible to have as you refer to it as "uniformity". Different plants require different pruning techniques, what is good and healthy for one is not for another. Age of the plants can also play a big part as well.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Who does the trimming? A paid lawncare contractor? I'd recommend the HOA come up with a "standard" and put it in their by-laws or meeting notes. Plus this needs to be discussed with the lawncare people so they can confir on the standards.

We charged extra if the HOA trimmed the bushes of a homeowner. The lawncare company did the actual work. We just made sure the standards were kept.

As for concerning yourself with a potential lawsuit, forget it. Suing your HOA is suing yourself and your neighbors. If this owner wants to take on a lawsuit, tell them "Go ahead". The HOA can countersue for any costs they incurred by paying a contractor to cut those bushes. (Within reason). Don't be intimidated as that is the only power an owner has against their HOA. Alot of hotair about potential lawsuits than 95% will get tossed out in court or the HOA can countersue against.

Former HOA President
AlexL1 (Florida)
Posts: 305
Posted:
Pls keep in mind that these are condo areas with common areas... the HOA is totally responsible for the landsscaping of the common areas.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If the HOA is responsible, then the HOA should do their job. What is the worry about the threat of a lawsuit to prevent the work from being done? Don't get it? What would they sue for? The reality is the court system can ONLY make you "Whole". Which means the lawsuit would have to involve some kind of damages of some sort. Don't see any damage except on the HOA's side for paying to cut the bushes to the right height. So what would I care if someone threatened to sue?

Really, just make the rule about the conformity and stick to it. It's what the HOA is there for.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By AlexL1 on 01/01/2012 3:09 PM
Pls keep in mind that these are condo areas with common areas... the HOA is totally responsible for the landsscaping of the common areas.

alex, if these are condos and common areas then what is the issue? The HOA owns it and is responsible for maintenance, who cares what the owner says? This is cut and dried.
BeckyP3 (Florida)
Posts: 50
Posted:
Alex, it sounds as if your board may not have been enforcing any standards up until now, and that this issue may have become a "vent" for some owner's discontent. Preempt that by being forthright. Follow the dictates of your documents. Be strong, and be fair. The fellow with the tall hedge may be concerned about privacy. Can that be addressed in another way? Good luck and best wishes. It's a difficult job.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Alex,

If you talk with Pest Control who takes care of your condos, they will tell you to keep all landscape shrubs a certain distance and size away from the structures.

If you talk to law enforcement, they will tell you to keep the shrubs within a certain height as a safety measure against burglers and home invasions.

If the Association pays for the landscape, it does not matter what one or two individual homeowners want. Set the height according to what is best for all of the units safety and be done with it. Too many cooks spoil the stew and opinions from every homeowner will only murkey up the waters (decisions)
SusanW1 (Michigan)
Posts: 5,202
Posted:
Unless this is a frontal road view of the complex, I wouldn't be concerned. What the back yards or around the back patios look like should be to the homeowner's liking.

Are you sure you want to spend time about this matter? Especially since it has been a non issue for such a long time.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here