RULE CLARIFICATION AND BOARD GUIDANCE

People have asked about planting flowers and gardens in the flowerbeds outside their unit. All flowerbeds are considered Common area and are maintained by the HOA and the grounds maintenance. That being said, it is understood that our community has strong family and self-reliant values. Therefore, the Board decided to modify the rules.

The rule states:

Except for original construction by Declarant (The Board of Directors), no Unit or accessory of or addition to a Unit which is visible from the Common Areas, shall be constructed or maintained, and no alteration, repainting or refurbishing of the exterior of any Unit shall be performed, unless complete plans and specifications hereof have first been submitted to and approved by the DRC (Design Review Committee).

Standard. In deciding whether to approve or disapprove plans and specifications submitted to it,the DRC shall use its best judgment to ensure that all improvements, construction, landscaping and alterations on Lots and Units within the Development conform to and harmonize with existing surroundings and structures. Any structure hereafter constructed on any Lot or Unit in replacement of the structure previously located thereon shall be constructed in substantially the same configuration, location and architectural style and be approximately the same size as the prior structure; and if the plans and specifications therefore meet such criteria, the DRC must approve the same.

Approval Procedure. Except as provided in Section 3, any plans and specifications submitted to the DRC shall be approved or disapproved by it in writing within 30 days after submission. In the event the DRC fails to take any action within such specified period,it shall be deemed to have approved the material submitted except in those respects to which such material is not in conformity with the provisions of this Declaration, as to which respects it shall be deemed disapproved.

As a means of guiding decisions of the DRC, the following has been approved by the Board.

Garden Boxes

Garden grow boxes fit into the community values of self-reliance and garden growing. When homeowners approach the DRC the following guidelines will apply:

  • Upon application approval, the homeowner will be required to enter into agreement with the association.
    • Garden Grow Boxes (“Boxes”) shall be limited to a maximum of two.
    • Boxes shall be built in existing beds and shall not extend into existing landscaping, including removing any hard-scaping such as curbing, grass, trees or shrubs. Boxes shall also not inhibit the maintenance of existing landscaping or structural maintenance.
    • Boxes shall be no larger than 48” deep, 60” wide and 25” tall.
    • Boxes shall angle slightly away from the building to create slope to reduce buildup of water against the building, which could cause damage to the foundation.
    • Boxes shall be maintained in both structural integrity and visual appearance.
    • Plant material shall be limited to annuals. Plants must be replaced annually. Any perennials found, will be removed by grounds maintenance and incur a $200 fine.
    • Garden vegetation shall be water by bucket or other container. Hoses are NOT allowed. The existing sprinkler system drip line may not be modified.
  • If Boxes violate these rules, the following are possible remedies:
      Any damage to the landscape or sprinkler system will be repaired and billed to the home owner's account, with a $200 fine added.
    • If Boxes are not maintained, the owner will be required to remove Boxes at their expense. If boxes are not removed as required, HOA Board shall have them removed and billed to the owner’s account, with a $750 fine.
Upon sale of property, grow boxes must be removed, or a new agreement with new owners must be signed at closing.

To summarize, the beds around buildings are the responsibility of the HOA Grounds Maintenance crew under the direction of the Board. Annuals such as flowers and garden food plants must be grown in approved grow boxes as described above. This is a means to maintain a consistent look throughout our community while supporting community values of self-reliance. All questions should be directed to Axiom who will then reach out to the Board for specific answers.