Spring gardening in HOA communities comes with certain rules that homeowners must follow. On their part, board members should enforce these rules with fairness and consistency. Gardens add beauty to the neighborhood, so keeping owners accountable is essential.
Common Rules for Spring Gardening in HOA Communities
Gardening rules are more prevalent in single-family associations, where owners maintain yards and lawns. In condo associations, on the other hand, owners don’t have the outdoor space to grow a garden, leaving them with potted plants as their only option.
While gardening rules, particularly in the spring, can vary from one HOA to another, some are more common than others. Here are the typical rules for spring gardening in HOA communities.
1. Planting Restrictions
Many associations restrict the types of plants owners can grow. Some even have a pre-approved list of plant types. Invasive plants are usually prohibited because they pose a threat to the surrounding landscaping.
That said, there are certain state laws that boards must be wary of. In Illinois, associations can’t prohibit owners from growing native plants. This is according to the Illinois Homeowners’ Native Landscaping Act (765 ILCS 167).
2. Garden Placement
Associations typically have rules about the placement of owner gardens. Some allow gardens in backyards instead of front yards, while others enforce the reverse.
Generally, if an owner wishes to keep a garden in their front yard, there are stricter maintenance requirements. This is because front yards or lawns are visible from the streets and common areas, so they have a greater impact on curb appeal and property values.
3. Landscaping Design Standards
Homeowners should check their garden’s design standards. Associations generally impose a height limit on plants or shrubs. Residents must also follow uniform landscaping themes or only use approved materials.
4. Garden Structures
Communities might enforce rules concerning garden structures, such as raised beds, borders, and trellises. Decorative elements can fall under this category, too. Owners must maintain these items and ensure they fit the neighborhood’s overall aesthetic.
5. Maintenance Expectations
Just like the HOA is expected to maintain common area landscaping, owners are expected to maintain their own gardens and lawns. This means controlling weed growth, trimming trees and shrubs, and removing dead plants.
Do Homeowners Need Approval for Garden Changes?
Whether or not homeowners require approval for gardening modifications or improvements depends on the governing documents. Most associations enforce an application process in which owners submit change requests and wait for approval.
While small changes may not require approval, major ones, such as redesigns, new beds, and trees, typically do. Requiring approval is part of an association’s commitment to maintaining uniform aesthetics and standard landscaping.
Of course, more specific requirements and procedures should be outlined in the CC&Rs and bylaws. Moreover, there are certain laws in Illinois that might impede an HOA’s ability to regulate plants. These include the Homeowners’ Native Landscaping Act and the Vegetable Garden Protection Act.
Where to Find HOA Spring Gardening Rules
Homeowners can find their spring gardening rules in their association’s governing documents. If these documents don’t reflect these rules, then they are not enforceable.
Generally, owners receive a copy of the governing documents when they first purchase their home. If they lose this copy, they can look at public records or the community website. If those options don’t pan out, they can submit a formal letter to the board requesting access to these documents.
How to Enforce Spring Gardening in HOA Communities
When owners violate gardening rules, board members have a few options for enforcement. It is best to check the governing documents to know what actions are permitted.
That said, common penalties include fines, suspension of privileges, and even legal action. Associations must provide notice and an opportunity to be heard before imposing these penalties.
While penalties work as a deterrent most of the time, they usually address the aftermath of the violation. Boards should strive to prevent violations in the first place.
Here are some tips that will help:
- Educate Homeowners. At the start of the season, board members should educate owners on the rules about spring gardening in HOA communities. Some owners may be unaware of these rules or have simply forgotten.
- Send Reminders. One announcement is rarely enough. Throughout the whole season, boards should send seasonal reminders or guidelines that will keep owners out of trouble. Include these reminders in newsletters or post them on bulletin boards.
- Notify Residents of Changes. If the board amends the rules, prompt notification is paramount and, often, required. Homeowners won’t know that the rules have changed if the board doesn’t tell them.
Addressing Vegetable Gardens in HOAs
Spring gardening in HOA communities often focuses on lawns, trees, and flowers. But what about vegetable and fruit gardens?
Home gardening has been growing in popularity in recent years, especially as the cost of produce has been rising. Fruit and vegetable gardens attract animals and pests, making them unfavorable to HOAs. Still, that doesn’t mean an association can ban them outright.
In fact, in Illinois, the Vegetable Garden Protection Act (505 ILCS 87) protects homeowners’ right to grow food. According to this law, people may cultivate vegetable gardens on their own property.
That said, associations may place reasonable restrictions. The law allows HOAs to regulate things like height, setbacks, water use, and invasive species control.
Compliance with the law is mandatory, and enforcing rules that are contradictory can expose the association to liability. When in doubt, boards should seek advice from a legal professional or an HOA management company.
Beneficial to Everyone
When done right, spring gardening in HOA communities can enhance curb appeal, preserve property values, and create a more pleasant environment for everyone. Rules can help achieve these goals, but boards must be careful not to violate the law or their governing documents. Additionally, fair and consistent enforcement is key.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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