THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, August 20, 1994 TAG: 9408180417
SECTION: REAL ESTATE WEEKLY PAGE: 06 EDITION: FINAL
COLUMN: Common Ground
SOURCE: G. Robert Kirkland and Michael A. Inman
LENGTH: Short : 49 lines
The condominium I live in is about five years old, and most of the residents are empty-nesters who are used to have a yard of their own. This has led many of them to plant shrubs and other landscaping items in the common areas around their units. Some of it is attractive - and some isn't, The developer was not generous with landscaping so we do need more of it, but not a hodgepodge. What can our board do to get this under control?
The first principle at work here is that the common areas are under the total control of the board and no unit owner can assume control of any part of the common area for his own individual purposes. Any plant, shrub or other item placed in the common area by a unit owner is subject to being removed by the board of directors. But in this case such action by the board will not achieve the desired result since much of the landscaping is attractive and benefits the community at large. We recommend that the board form a landscaping committee to come up with two or three different landscaping plans that could be adopted by any unit owner. The plans would designate exactly what plants would be used and there would be a clear understanding that these plants will become the property of the association, subject to being maintained by the association's landscaping contractor.
Use of the common area by unit owners is a touchy subject. The board must never consent to any individual use of common areas by unit owners; it can easily get out of control. In a Virginia Beach case involving the planting of trees and flowers a few years ago, the board initially consented to some limited planting by the unit owner, who, within a few weeks, had well-exceeded the permitted area by adding a couple of items a week. Eventually, the board was forced to obtain an injunction against him to force him to stop. This was an extreme case and demonstrates the potential cost and aggravation that can result when a board allows use of the common area by a unit owner. MEMO: G. Robert Kirkland, president of a Virginia Beach property-management
consulting firm, and attorney Michael A. Inman specialize in Virginia
community-association issues and are affiliated with the Southeastern
Virginia chapter of Community Associations Institute. Send comments and
questions to them at Real Estate Weekly, 150 W. Brambleton Ave.,
Norfolk, Va. 23510. To submit questions by phone, call 446-2033; fax:
446-2531. by CNB