Understanding Landscaping Architectural Requirements for Co-owners
When it comes to maintaining the aesthetic and functional integrity of shared properties, understanding the landscaping architectural requirements is crucial for co-owners. Whether you are part of a homeowners association (HOA), a condominium association, or any other type of residential community, staying informed about these regulations can help you avoid legal pitfalls and ensure your property remains beautiful and compliant. Here’s what you need to know:
1. Know Your Governing Documents
The first step for any co-owner is to familiarize themselves with their association’s governing documents. These documents, which include the Declaration of Condominium, Bylaws, and Rules and Regulations, often contain specific provisions regarding landscaping and the use of common and limited common elements. These provisions might dictate what plants can be used, how high they can grow, and even what kinds of landscape decorations are permissible.
2. Approval Processes
Before making any changes to your landscaping, check if you need approval from your association’s board or a designated committee. Many associations have an architectural review committee (ARC) that oversees changes to the external appearance of properties. Submitting your landscaping plans for approval is not just a formality; it’s a crucial step in ensuring that all modifications align with community standards and regulations.
3. Common vs. Limited Common Elements
Understanding the distinction between common and limited common elements in your community is vital. Common elements are owned collectively by all members of the association, while limited common elements are assigned to specific members but remain part of the common property. This distinction affects who is responsible for maintenance and what changes can be legally made by individual co-owners.
4. Compliance with Local Ordinances
In addition to your association’s rules, you must also consider local municipal ordinances related to landscaping. These ordinances can cover a range of issues from the type of trees that can be planted to restrictions on water usage. Ensuring that your landscaping plans are in compliance with both your association’s regulations and local laws is essential to avoid fines and forced changes.
5. Sustainable Practices
Increasingly, associations encourage or even require sustainable landscaping practices. These might include using native plants, implementing xeriscaping to reduce water usage, or installing drip irrigation systems. Adopting environmentally friendly practices not only helps in complying with potential ecological guidelines set by your association but also promotes sustainability within your community.
Conclusion
Understanding and adhering to the landscaping architectural requirements set by their associations and local authorities is crucial. By staying informed and proactive, you can ensure that your project not only meets legal standards but also contributes to the overall harmony and value of your community.
At Hirzel Law, we specialize in helping associations navigate the complex landscaping architectural requirements in their communities. Our expertise extends to understanding and interpreting the Declarations, Bylaws, and community rules that govern landscaping standards. Keeping your governing documents current is crucial, particularly for landscaping regulations, to ensure clarity and consistency, thereby minimizing conflicts and legal disputes. We offer services to review and amend these documents to align with the latest legal standards, ensuring they meet your community’s needs effectively.
Rita Khan is the Director of Marketing at Hirzel Law, PLC. Ms. Khan received her Bachelor of Arts in American Culture from the University of Michigan, Master of Business Administration with a focus on Business Intelligence from Baker College, Paralegal Certificate from the University of Michigan Flint – Center for Legal Studies, and Graphic Design Certification from the New York Institute of Art and Design. Ms. Khan has over 15 years of experience in the property management industry from residential real estate, student housing, and condominium & HOA management. Ms. Khan holds several designations and certifications such as Certified Manager of Community Associations (CMCA), Association Management Specialist (AMS) and Professional Community Association Manager (PCAM) from the Community Associations Institute (CAI), Accredited Residential Manager (ARM), Accredited Commercial Manager (ACoM), and Certified Property Manager (CPM) from the Institute of Real Estate Management (IREM), Certified Apartment Manager (CAM), Certified Apartment Portfolio Supervisor (CAPS), and Certified Apartment Supplier (CAS) from the National Apartment Association (NAA), Project Management Professional (PMP) from the Project Management Institute, Certified ScrumMaster (CSM) from Scrum Alliance, Professional Certified Marketer Marketing Management (PCM) from the American Marketing Association and Certified Digital Marketing Professional (CDMP) from the Digital Marketing Institute. She is a licensed Michigan Real Estate Salesperson, Broker and Notary Public. Ms. Khan is also a Real Estate Property Management faculty member at Schoolcraft College where she teaches Introduction to Property Management and Residential and Commercial Property Management. Ms. Khan currently serves as the Chair of the CAI-Michigan Social Media Committee and is an active member of the Institute of Real Estate Management (IREM), where she serves as a member of the IREM Foundation Board of Directors and a member of the Board of Directors for the IREM Michigan Chapter. Ms. Khan has previously served as a Delegate Member on the CAI Michigan Legislative Action Committee. She may be reached at (248) 478-1800 or rkhan@hirzellaw.com.
