In the mail a few days ago, were two letters:
Dear Homeowners:
The Board of Directors wishes to remind all homeowners that it is their responsibility to comply with the following:
1. Remove all window security bars from the exterior of the building. Interior window security bars are permitted.
2. All utility doors are the responsibility of the homeowners. When the painter paints your building homeowners may be required to replace thie utility door at their expences.
3. Balconies - Part of the reason that balconies need to be replaced is plants. The moisture from watering plants rots out the wood in the balconies. All residents with new balconies WILL NOT be permitted to have plants on them.
Sincerely...blah, blah, blah

Specifically addressed to us,
Dear Mr. & Mrs.
The Board of Directors wishes to remind you that ALL new balconies are not permitted to have plants in pots or any other container on them.

The Homeowner's Association has spent and is spending a lot of money to re-construct each balcony. Moisture from watering plants will rot the wood on the new balconies. Thank you for your help and cooperation.

Sincerely, blah, blah, blah.

Okay, please realize that I am seriously freaking here, and bear with me, and my righteous indignation.

I have lived in this unit I OWN for 17 years. I have had plants for all 17 of those years. The reason this was not readily apparent to my neighbors was because of the four two-storey bougainvilla bushes that hid my balcony and all the plants up there.

I sacrificed the bushes to get the balcony rebuilt. By sacrifice I mean I quit fighting the Association every step of the way to maintain the bougainvillas in the condition they were in that we bought the house based on. They shaded the house well, provided cool air in summer, and a privacy screen. We fought them for over 10 years doing much of the maintenance and trim work our own selves.

I am NOT the only HOME OWNER that has plants on their balcony. But there are very few. Out of 100 units I saw maybe 10 with plants on their balconies. I walked the neighborhood and knocked on doors to get more information. I ran into a Board of Directors member for my HomeOwnersAssociation who also had plants on her balcony. She wasn't very friendly at first, perhaps thinking I was there to yell at her (I was, but didn't). We chatted for 30 or so minutes and I explained what we had done to protect the balcony.

DH and I built a subfloor, laid it over the slated balcony floor, then laid rolled roofing to help waterproof the new balcony. This was fastened with roofing nails along all seams and edges. All of my plants are in saucers, trays or something to catch water.

I am so furious I am surprised I can even type.

What am I going to do with the 300 plants they want me to just toss in the trash?

All my ribbons just say what place I won them for, not the year, so no substantiation of when I started winning 1st place ribbons for my cactus and succulents. The trophy does show 2003 but not much help because it is so recent. I have been showing at the local Cactus & Succulent society for at least three years.

Oh, please, if anyone has legal advice or information, or even suggestions, please. I will listen to anything. I realize that all free advice is worth what I pay for it, but I am most desperate here.

DH says that they can fine us each month and allow us to pay that fine, but he is not sure they will stop there. What, oh what can I do????

I'm sure that in my excited state I skipped over some obvious information that is vital to the telling of this tale... please ask questions if I was unclear anywhere.

Thanks!

The rule seems heavy-handed. Was it spelled out in the original agreement? Did the HA follow its bylaws to pass this new rule? Which experts did the HA retain to determine that the water from plants is rotting the balconies? If not, who decided that? Was there any rot on your balcony? How did they determine that the problems were not caused by improper original materials or installation? Are they using treated wood? Have they applied waterproofing sealant to prevent future rot? Are the balconies of people who DO NOT have any plants also being replaced? If so, why did THEY rot? Maybe the balconies needed to be replaced because of 'normal' aging and the HA is blowing hot air...after all, you are growing cactus and succulents -- how much water could there possibly be under those pots...

I think you should speak with a lawyer about your rights because this rule detracts from the enjoyment of YOUR property.

Criminy, what is the point of a balcony without plants? Good luck.

Van.

Maybe your gardening club there can give you a hand.
Around here the clubs usually contain many "heavy hitters"
socially and financially.
Ask the members you know.
They may just be able to give you a hand.

Ric

I live in a condo and they are in the process of replacing balconies because they are rotting and they are replacing the decking with some kind of fiberglass or other artificial decking that won’t rot or need replacing again. Maybe you can suggest this to your Homeowner’s Association.

This is the side nearest the front door.

This is the street side.

Thanks for all the suggestions, good feelings, and support.

I agree with poliwhirl on the friends, they don't talk back, don't cost a lot, you don't have to call them everyday and not very demanding.

On a practical level, maybe you could negotiate a compromise with them that addresses their concerns as well as yours. For example, you could agree to pay for a few more coats of urethane to be applied to your balcony, perhaps agree to use pot feet or something else to prevent the pots from contacting the floor directly, and maybe contribute to its replacement five years from now if it shows signs of premature rot. A letter from a local garden center saying that these are tried and tested techniques for preventing deck and balcony rot might help defuse the situation.

Good lord, I hope they're willing to listen to reason, or that your lawyer can bring them to heel!

Since the association is depriving you of your rights to enjoy your property, perhaps there is a solution that will save them enough money to find some REAL issue to spend their legal fees on in the future. Considering that a treated wood decking kit can be had for a couple of hundred dollars from a box store, there doesn't seem to be much of a cost-benefit for the association to spend money on legal fees for this 'created' issue. If they insist on wood, what about the Brazilian walnut decking? You might offer to pay the difference in cost of materials, for a hardwood that lasts approximately 40 years.

Just throwing out suggestions, Cena. I can't help but think there's got to be a compromise here that will allow you to 'maintain' your lifestyle, including gardening.

girlsaylor

My MIL found a tidy little house with a couple both in their 80's who are ready to go into Assisted Living. The house never went on the market besides the Realtor Access MLS's. It is not perfect, by any stretch as it is smaller than where we are. BUT, it has a Sun Room with two window walls, a concrete apron bigger than my balcony, and sits on 1/16 of an acre. AND is in central city. Here in San Diego, lots of this size are UNHEARD of. Most new construction you can't even drive a vehicle between. It has five trees, a 30 foot mature Magnolia, an orange, a tangerine, and a lemon.

There are two metal sheds already installed. A two car garage. A recently remodeled kitchen with oak cupboards, a custom 1/4 round gas brick fireplace... I could bore you for hours, but the exciting part is... OUR OFFER WAS ACCEPTED this morning.

I have some photos, taken by someone else, in an album with lots of boy toys. But there are two important pictures in there. Thirteen is taken from the extreme edge of the front yard, and the bushes in front of the house turned out to be Portulaca afra.

Now, to get Loan Approval and to stay in Escrow for the whole 45 days.

Guess what I'm getting for Christmas, and doing for the Holidays???

Album address.
http://www.shutterfly.com/osi.jsp?i=67b0de21b35a62b765ea

I can see the C&S hanging out in the yard as I type!!!!

That is QUITE the find.
I'm always amazed, when we visit out there, at how 'Munchkin' the yards are.
You've almost got an estate!
KUDOOS!!

Ric

Merry Christmas!!!!

PV

That would be a shame. I don't know anybody on Container Gardening...

girlsaylor

Posiegirl (aka Judith)

Please enjoy the pics and if anyone has suggestions for the tangerine tree I sure need them. This will be my first backyard of my own, EVER. Lawn work! Ha, compost bins!!!!

http://www.shutterfly.com/osi.jsp?i=67b0de21b35f234c05e4

Thanks for all the support and good wishes. I will still have a concrete apron that I garden on, but no balcony...

Moving plants starts tomorrow. Hopefully we get all 300 moved in a day or two...

I liked your house, but you know we all love to see the outdoors, being gardeners, lol. Best of luck getting all those babies moved. Wow, 300 of them is alot!

girlsaylor

That's a great house!

You can put in a huge pond too, then read at the "Ponds and Watergardens" forum. I'd have to put in a few bogs, as well. Are you going to have a bird bath and bird feeders, too? What fun designing that much yard!

Was there anything about this "plant ordinance" in the original documentation that you signed when you first moved in? Technically, they can't just make up rules as they go along. If you signed any sort of binding agreement originally, you should be held to that and nothing else. The whole thing is BS in my opinion and we're all rooting for you!

Mike

Anyway, we are getting ready for our local Cactus & Succulent Show & Sale, and I thought y'all might like a look at my contenders. I am a Novice grower (to leave Novice classification, I must win 10 or more blue ribbons, I am at six now, with one trophy).

At this link is a show of how to groom, and what I'm showing, with comments and thoughts on each of the 'possibles'.

I can't believe this thread is still here. I was hoping traffic had picked up and everyone was just chattering away.

http://forums2.gardenweb.com/forums/load/houseplt/gal0522470915332.html?26

You don't have any say. There is something called a utility easement and that means that certain companies (utility, cable, etc.) actually have the right to tear up your property while they are doing work. If need be they can even take heavy machinery into your backyard to fix a problem. All without your permission.

I'm not sure they have to restore your property. I don't think they have to, but I believe the try to cover the basics so they aren't totally "bad guys". So your landscaping company is left holding the bag after utility companies come in.

That still doesn't give them the right to be rude and they should not have thrown the plants away.

So when planting those future prize-winning tea roses, remember to include utility easements when searching for the perfect location.

My parents have similar problems with their home owners association. They just hang the letters on the fridge and keep doing what there doing. So far it has only resulted in more letters.
personnally I can't believe they're even legal
damn the man!