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If our HOA decides to allow owners to jnstall their own

Hi. If our HOA decides...
Hi. If our HOA decides to allow owners to jnstall their own landscaping what restrictions should apply? Thank you.
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Answered in 9 minutes by:
9/27/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,651
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Sample HOA Guidelines, you may modify these they are meant as a sample

The HOA landscaping guidelines are:

1.

The HOA will approve of driveways (including circular driveways)

and/or walkways which extend from a front property line

to the curb in front of a lot, similar to what is already

prevalent in the neighborhood.

The HOA will also approve of a lot owner placing seasonal color or low, small

shrubs beside and along these driveway or walkway entrances, also similar to what is

already prevalent in the neighborhood.

2.

For the HOA- owned parkway areas on the east and west sides of Greenway Boulevard,

between a lot’s side property line and the back of the curb,

the HOA pre-approves an adjacent homeowner establishing and irrigating grass or,

in addition, for the area between the side property and the sidewalk, low

-lying ground cover.

No edging is allowed adjacent to the sidewalks.

The HOA may approve of additional seasonal color or low-lying shrubs in the area

between a side property line and the existing sidewalk, but no trees or shrubs

taller than 3 feet,and in no case may any shrubs,hedges

, or other landscaping serve to "cordon off" or surround a

significant portion of HOA property.

The general goal should be for Greenway Boulevard to

continue to develop so that it appears as wide and

welcoming as possible, with the current trees

the HOA maintains in the area between the curb and the sidewalks serving as the primary tree

cover along these areas.

3.

For the parkway areas between the front property lines and the curb

, in addition to what is

addressed in #1 above, the HOA pre-approves only grass, and specifically prohibits any trees or

any dense shrubs taller than three feet in height which might obstruct a resident's ability to walk

along the side of the street or may block the views down the street.

In addition to #1 above and pre-approved grass, the HOA will approve

a limited amount of low-lying seasonal color or shrubs

in these areas, should the adjacent home owner so desire.

4.

Individual members of the HOA adjacent to these relevant area

s must receive written pre-approval from the HOA for any

substantial landscaping activity in these areas, prior to making

any changes.

Any permission given to install landscaping granted by the HOA to an adjacent

homeowner is in no way meant as a transfer

of property or property rights, and in the event

that a homeowner installs landscaping on these properties, such landscaping will become the

property of the HOA, and the homeowner will need to agree to this in advance as a condition of

installing such landscaping on behalf of the HOA.

5.

These guidelines are meant to address how the HOA will respond to

homeowners who seek to make

changes to these HOA-owned areas adjacent to their properties.

The HOA does not currently seek to retroactively alter

existing landscaping in these parkways and areas to bring

them into accordance with these guidelines, though it has that right and it may choose to do so

in certain instances. Therefore, existing landscaping may be considered “grandfathered” until

such future time as an adjacent homeowner seeks substantial changes or the HOA proactively

determines to alter specific landscape features.

Decisions on how to deal with any specific grandfathering questions

(eg What happens if a particular existing tree or shrub dies?)

will be dealt with in the sole discretion of the HOA.

These would give you an idea of similar ones you may want to implement and a landscape committee to review requests when necessary for pre-approval.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,651
Experience: Texas Attorney for 30 years dealing in real estate
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