Get 1 year of free community web site hosting from Community123.com!
Sunday, April 05, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Yard Ornaments and Fountains.
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
DonnaS
(Tennessee)

Posts:5671


11/03/2008 12:24 PM  

Seeing it's a slow posting day, I thought that I would bring up a subject that was hotly discussed in my old Florida association.

The developement has 565 stand alone homes on large, very lush landscaped lots. Homes are 500 to 850 thousand dollars in value. All of the landscape was included in the original build.

The CC&Rs specifically state--"No yard ornaments, birdbaths , Fountains or any type of decorative accessories may be placed within the front zones A and B". (zones A and B are the entire front and side yards up to the rear most part of the house structure) In otherwords, only in the back yard can you put any of these items.

At turnover time from the developer, there might have been 100 fountains, hundreds of statutes and lots of birdbaths and gazing balls. The newly elected Master Board (5) decided that they were going to enforce the covenants about yard stuff. They ordered that P.M. to start sending out letters to have them all removed within 30 days.

I was on a sub section Board and representing my section, I gave them a message from our 197 members. Either they send a vote out to the membership to change the covenant, allowing the statuary or start fining all 197 of the members because the precedent had been set by the developer to allow them. It was quite contentuous for a while but common sense took over. They cancelled the fine order to the P.M. and added this to the list of CC&Rs that needed amending. Pickup trucks was one of the other proposed changes and that one failed to pass. Oh yeah, limit of 2 dogs with total weight of 120 pounds was changed to 2 dogs, no weight restriction. (imagine that one being enforced. geezz)

GeorgerwilliamsW
(Indiana)

Posts:975


11/03/2008 1:43 PM  
I think you have hit on an interesting point. It is the developer, not the homeowners, who draft the covenants. In effect, the covenants are written a party interested in maximizing profits, and then completely exits the scene, leaving the homeowners to sort things out. Given the difficulty in amending covenants as well as restrictions regarding time frames in which covenants are not to be amended, it creates problems.

Having a contract written by a party that is no longer involved in the community is quite problematic from my perspective. The developer makes decisions that others must live with for the next century or longer.

Not all, but I suspect many developers are loathe to enforce covenants during the development period for fear of getting a bad reputation.

I just came from a meeting of architects in which one of the topics of discussion was the near universal prohibition of solar panels written in the 1970s when they were, indeed, unattractive. But now that technology has progressed, solar panels can be incorporated nearly invisibly into a roof, yet covenants still stand, based on outdated technology. Amending them is a monumental task. But people object to "selective enforcement." Something is wrong with this picture.

Maybe there should be a new approach to this entire issue. While the developer has control he gets to write the covenants. But during the turnover process to the association, perhaps the residents should have the opportunity to amend or rewrite the covenants as part and parcel of the process without a super majority vote required.

Yard ornaments and fountains can be attractive, and enhance property values.

DonnaS
(Tennessee)

Posts:5671


11/03/2008 2:07 PM  

George,
Exacatly true how the Developers work or basically work not in the best interest of the homeowners. This story has a little twist to it. The Developer still sits on the Master Board because he has 25 lots that are not buildable but are intertwined within the Golf Course, giving him ownership, therefore still a member.

After turnover when the Master Board decided to enforce the no ornament/ fountain cov, he voted FOR enforcement. That was the time when we all wanted to give him a swift kick but we didn't.

Yes, he did offer each sub association the chance to amend any items that we wanted to and if it was agreeable to him but new Boards are sometimes overwhelmed with everything and when I got appointed the following year, it was too late. Thanks for the input too.
SusanW1
(Michigan)

Posts:5202


11/03/2008 3:19 PM  
Clearly, the Developer did not enforce this covenant when he had the control.

Why would he think the Board could do it?

The Board should not have even considered this "historical unenforceable" CCR.

Something about the horse already being out of the barn . . .
DonnaS
(Tennessee)

Posts:5671


11/03/2008 3:34 PM  

They had an over zealous President who wanted to flex her expertise muscles and the developer, who had done a fairly decent job up until then just voted along with the others. But the membership spoke loud and clear.

The moral of this story might be that what we always say to posters is that there is power in numbers. Take control of those documents if you find them unlivable to yourself and your neighbors.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Yard Ornaments and Fountains.



Get 1 year of free community web site hosting from Community123.com!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement