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July 7, 2007
More on Flowers - and Exclusive Use Areas
Here is a continuing dialogue on planting flowers in the common area:
A reader responds to me (after the prior June 20 blog) "BUT, if the board allows homeowners to plant flowers outside their units and requires them to maintain their area then what happens when the property is sold and the new owner refuses... because....after all, he/she didn't plant those flowers?"
My answer: Use of a recorded agreement could solve this.
Another question: "Also, I would think that the board would have to carefully define what maintenance is required. In order to plant flowers, it requires good soil, plenty of water and fertilizer and possibly insecticide. Not to mention periodic pruning, depending on what kind of plants or flowers are planted."
My answer: I could not have said it better. The requirements and expectations should be outlined - when expectations are carefully defined, everyone fares better. Differences of opinion are more easily resolved.
Reader, perplexed: "I still don't understand what exclusive use of the common area really means or what it encompasses."
My response: I'm a lawyer, and neither do I ... ha ha ... the answer in each case "depends" on a lot of things that should be considered. Its not the same in every assn. And in many, its not defined well. To fully vet the answer, an attorney would need to review the governing docs for the association, Civil Code Section 1351 definitions, and would need to understand the type of development and how the buildings, common area, and everything is situated to answer the question as to that particular association. The attorney would need to know whether the Board is inclined to or would like to allow individual planting areas and the like. And the attorney would now have to factor in the limitations set forth in Civil Code Section 1363.07 relating to transfer of common area for exclusive use (a new law as of last year) to fully answer the question.
Posted by Beth Grimm at July 7, 2007 8:23 AM