Wednesday, February 1, 2012

What is a condominium association's issue with a tenant hanging a plant from their porch?

Does it have to do with destruction of property (i.e. the holes you make with the hooks to hang the plants from)? Possibly an issue with someone who doesn't take proper care of their plants who is thereby "devaluing" the property with their neglect?



I got this letter from my condo association last night about this issue. So far they haven't taken issue with the few pots of mums and the gourds and indian corn I have on the floor of my porch... but the fern and philodendron I have hanging from the upper portion of my porch, they are taking serious offense to.



Can I just move the plants further back on my porch ceiling and have this be considered OK? Or do I have to take all hanging plants inside?



Has anybody else had this issue with their own condo association? How were you finally able to resolve it?

What is a condominium association's issue with a tenant hanging a plant from their porch?
I'll bet it has to do with your suggestions and liability. What if a plant gets blown down during a storm and falls onto someone,or a car, or through a window. These things do happen, and who gets sued, you and the association.

What floor do you live on? 1 or 2 or 3.... The higher the fall, the more damage it will do. They are not only protecting themselves, but they are protecting you too.
Reply:When you bought your unit, you should have had a chance to review the condo association rules and by-laws. This document would have spelled out what you can and cannot do to/with your unit. You should still have this document; if not, ask for it from your association. Some associations are more strict in enforcing than others. The intent here is not to prevent property destruction to the ceilings, but likely to stop anyone from attaching just about anything to a unit. I'm guessing that moving the plants back will still violate the rules, even if they can't be seen very well. . . . .
Reply:It might be a safety (i.e. liability) issue, if someone were to be injured if the pot fell.
Reply:ahhh, there in lies the problem with home owners associations. the ones who manage to bully their way into making all the decisions for all, are the ones who want to control everything! this is a form of "nanny government". have you read the fine print in your contract? They must spell out all the do's and don't's. many times, you have to get their permission just to repaint your interior. most likely, you will have to remove your hanging plants. you might also consider selling your condo and finding a place with fewer restrictions.
Reply:Don't live in and never have. They probably have issues about plant falling and hitting someone below you.



Either that or everyones porch has to look the same.



If they don't give a reason, you have every right to ask. Or read the contract about the whys and what for's.



It's most likely the 1st above.
Reply:All I can suggest it look at your copy of the rules. Maybe it really isn't against the rules. But unless you do some research you are at their mercy. Just don't take their word for it. Ask nicely for someone to show you the rule against it. Yes, I've had a few issues with my HOA...nothing big, usually a new guy playing Barney Fife. Sometimes he was right and sometimes he was wrong, but it was always something nit picky. I looked at the rules and complied if I was in the wrong, and pointed out to them by section # and paragraph # where they were wrong. Be very quick to point out if they are wrong, but be just as quick to fix it if you are wrong.


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