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.
The attorneys of Hirzel Law, PLC focus their practice on condominium and homeowners association law in addition to real estate law. Our attorneys have extensive litigation and trial experience in state and federal courts involving commercial litigation issues and real estate matters. We stand by our clients, offering quality legal representation and promptly responding to our clients’ needs. Contact Hirzel Law online or call 312-626-4535 to learn how our Illinois attorneys can help.
