Landscape Committee

Our HOA has a Landscape Committee, appointed by a previous Board two years ago, that is that is operating dictatorial and arbitrarily when it comes to landscape issues. Owners that in earlier years were encouraged to plant flowers/plants in common areas adjacent to their entries are now being told they cannot maintain anything within the common areas. Up until the establishment of this Committee, there had never been an issue with owners caring for plants outside their entries. In a complex with over 200 units, we've counted approximately 40 units that currently planted, or are maintaining flowers/shrubs, by the owners. This Committee doesn't appear to follow any specific Board direction, but instead sets itself up as the on-site policeman for landscaping. None of these Committee members have any professional knowledge of landscaping and are allowing several areas to suffer (ignoring instances of improper watering, lawn infestations, improper care of shrubs, overgrown trees), because of their misguided sense of what constitutes good landscaping and by allowing an landscape company who only knows how to cut, mow and blow to not address deficiencies, coupled with a Board that appears unconcerned about the heavy-handed actions of this Committee. Several questions I have are:

1. With a new Board now in place, shouldn't this Committee be reconstituted, or does it continue ad-nauseum until a Board actually changes its composition or mission?

2. What is the actual role of a Committee; assume it's not to set direction or policy, but to assist the Board?

3. I understand the conditions on the use of common areas, but when this owner gardening, has been done in an attractive manner, which has beautified and not detracted from the appearance of the common areas, and has been allowed to do so for many years, at no expense to the HOA, when does the "grandfathering" concept apply?

4. One owner, so far, is going to mediation/arbitration to seek resolution. Obviously there may be favorable relief for her in the long term, but all this is costing the HOA and other so inclined individuals money in lawyer's costs in the future.

Any suggestions for other options to pursue to resolve this situation amicably and cheaply?


Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

If done right and in the

If done right and in the proper neighborhood, a committee can be a big asset. Sometimes people lose sight of what an HOA is intended to do - as residents, as boards and their committees. In our case, it's a gated community intended to provide a greater level of security; a few specific amenities such as a pool, ponds and tennis courts; and ensure property owners maintain their lots. Our committees do the legwork and advise the board. More importantly, ours act within an established set of guidelines.

It takes a lot of time and effort to not only compile and agree upon a set of community standards but to socialize them amongst the residents. And whoever is running a committee has a responsibility to not only do the "dirty work" but to make sure everyone understands the long term goals. With established guidelines, committees can maintain the continuity boards often don't have. Unless things are in disarray and members aren't operating within established guidelines, about the last thing you'd want to do is dissolve and/or reform committees every time someone on the board changes.

Getting back to your point - People love their plants. However, you step into a different arena when "your" plants are in common area. It's quite a statement that a single homeowner has the resources and passion to pursue legal action over plants she placed in a common area. Without knowing specifics, one might assume you're talking about a substantial investment of plants. Or perhaps an even bigger problem with the HOA in general. Which takes us back to why investing the time and effort into establishing reasonable guidelines is so important. if they're not there, people will use their judgment. Nature abhors a vacuum.

All that being said, common areas are ripe for trouble. In our HOA, we, at times, allow people to extend fences, landscaping, etc. into common areas. But it's with specific written confirmation that they understand their structure or plants will be removed if we choose to use the area for other purposes (including utility construction).

As with most "problems", you first have to get agreement there is one. Sounds like not everyone agrees with the landscape company assessment. To help people understand, it might mean producing presentations showing the difference between good and bad with the goal of getting the "a-ha" moment from those who are unenlightened. The next step probably involves sending out some kind of Request for Proposal (RFP) stating what the community's goals are. Either some kind of all-encompassing landscaping RFP or even just one specific to the area you mention. You might perhaps compile a list of other landscape companies that can meet not only the aesthetic but the budgetary goals. (You sometimes have to keep in mind that just because some people like the way something looks it doesn't mean everyone else wants to pay for it through dues increases.)

That's the kind of junk good committees will do to assist boards. Lots of phone calls, analysis of bids, looking at property conditions, writing policies (for approval), reviewing situations based on established guidelines and so on.

An unasked for personal suggestion - it's easier to affect change if you work towards being one of the policy makers. And it's easier to become one of the policy makers if you're not viewed as being a single issue (one trick) pony. Better to be viewed as someone with reason who can guide the community in a specific direction.

And yes, that can take time.

Good luck.


Post new comment

  • Web and e-mail addresses are automatically converted into links.
  • Allowed HTML tags: <a> <em> <b> <strong> <strike> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <i>
  • Lines and paragraphs break automatically.
  • Images can be added to this post.
  • Easily link to terms in various wikis. For help, see interwiki.
  • You may quote other posts using [quote] tags.
Captcha Image: you will need to recognize the text in it.
Please type in the letters/numbers that are shown in the image above.