Reader Questions - Guerilla Gardener

c c & rs h o a homefront reader questions Oct 28, 2013
 

Dear Kelly,

In my townhouse complex, an owner plants his own personal fruit and vegetable garden on Association property. He has potted containers (from 30 to 160 at a time) blocking walkways, driveways, and greenbelt areas. He has ignored numerous letters and fines.

What can we do to ensure this owner abides by the same CC&Rs the rest of us do? What can we do to FORCE our property manager to be more aggressive in enforcement of our CC&Rs?

Thank you,

M.J., Rossmoor

Dear M.J.,

Unless you are serving on the board, it is possible that you may not be aware of action being taken by the HOA but which is being handled privately. I ordinarily suggest disciplinary actions be pursued confidentially, which sometimes leads to the impression that the board is doing nothing.

Here, however, the answer is fairly simple. If someone has put personal property (pots) on common area, the association can simply remove them. A similar situation occurs when a member puts an unauthorized antenna on a common area roof. So, the simplest solution is for the association to remove the items, and move them to the member’s yard or patio, at the owner’s expense. That does not require court action.

Before the association removes the personal property, give the owner at least 30 days advance written notice. This is not legally required, but is courteous – remember the violator is still a neighbor. If the neighbors are all disappointed at the board’s inaction, remember that at the next director election. If the neighbors don’t seem to be concerned, then let it go.

Thanks for your question,
Kelly


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.