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Condominium
Issues -
Your
rights and responsibilities as a condo-owning gardener
Condominium
and Homeowners Associations: Restrictions
For the most
part, America is a free country. You can grow pretty much what you
want as long as you don't hurt anyone or cultivate controlled substances.
But if you live in a condominium or a planned community, control
of your container garden may rest outside your hands, and in those
of the condo board or homeowners association. If you want to keep
your home - don't fight the system. Find out how your local governance
system operates and talk to your neighbors about your plans for
beautification.
How do you know
if there are restrictions on container gardening in your neighborhood
or complex?
- Ask your
neighbors about the homeowners association or condo board's by-laws.
- Check your
deed for covenants, conditions, and restrictions (CC & R's),
which may define the relationship between the individual owners
and the association or board.
What do you
do if you have moved into a place you like, that has no restrictions
against container gardening, and then the governing body enacts
a rule prohibiting such an activity?
According to
the Massachusetts court in Noble v. Murphy, rules or by-laws set
by the associations governing body are not given the kind of leeway
in court as are recorded use restrictions in the deed or other instrument.
Obviously, since you did not move in with any knowledge of the later
enacted restriction, courts will try to protect you against the
"unfettered discretion" of that board in enacting its
own set of rules.
Therefore, if
it comes to a vote and you can't persuade you fellow members that
a prohibition on container gardening is wrong, you may have an easier
time in court when challenging a board-enacted rule than when you're
going after something in the deed.
But don't let
it come to that. Suing your neighborhood association or board is
no way to make friends in your community. If your plans are causing
stress to your neighbors - find out what it is about your garden
that they find offensive and try to work together to come to some
kind of agreement that will let you garden without disrupting the
peace.
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