CC&R’s - Restrictive, Protective, or Both?
Most of the homes in Green Valley are located in a neighborhood with a Home Owner Association, and most HOA’s have adopted CC&R’s (Covenants, Conditions and Restrictions). For most of us who live here, our first encounter with HOA’s and CC&R’s was when we purchased our homes.
Unlike most homeowners, I have actually read through the CC&Rs for my HOA. It’s good to have a basic understanding of what is permitted and what is not.
Some of the Board Members of my HOA would be well advised to read, or re-read, them since it was evident to me from several comments by Board Members at the last board meeting, that they were clueless about some of the provisions.
Without question, CC&R’s regulate and restrict your use and occupancy of your home. However, on the other hand, they apply to your neighbors, and in that respect, they have protective qualities as well. All provisions should be carefully drafted however, and enforceable.
The Esperanza Estates HOA has proposed a new Resolution which in my humble opinion, is not only unduly restrictive, but so vague and indefinite and as to render it unenforceable. Take a look at this language:
“It shall be the duty of all owners of property within Esperanza Estates to maintain all trees, shrubs, and other landscaping, in such a manner and with such frequency as will keep each said owners lot in an attractive, well-kept, condition.”
What is an “attractive, well-kept, condition?” Beauty is in the eye of the beholder. What is attractive and well-kept to one homeowner, might not be to his/her neighbors.
Another proposed provision:
“All trees and other flora shall be maintained in such a manner they do not drop in excess of negligible amounts of leaves, needles, seeds, nuts, fruit, bark, berries, buds, petals, flowers, branches, sap, or other debris upon any adjoining property, including the roof of any adjoining property. The term “negligible amount” shall be defined as that amount of such debris that would be acceptable to a reasonable person.”
How do you “maintain” a tree so that it doesn’t “…drop in excess of negligible amounts of leaves…” without cutting it down?
There are a lot of Mesquite and Palo Verde trees in Green Valley and they are not only native, they are messy by their very nature. They drop leaves, pods, and other natural material throughout the year.
And what is “…in excess of negligible amounts…?” What one may consider the natural, negligible droppings might be considered by another to be something different. Who is this “reasonable person” whose opinion on what is negligible is final and determining? Is it the owner of the tree which provides an immeasurable amount of beauty and value to the neighborhood? Or that of the complaining neighbor who was first attracted to the neighborhood because of the natural beauty, and who now has a more limited view of the mountains because the beautiful flora grew in height.
Duh! Trees and shrubs grow, folks. And they drop stuff!
It seems to me that whatever amounts of leaves, needles, seeds, nuts, fruit, bark, berries, buds, petals, flowers, branches, sap, or other debris a tree or shrub naturally drops is negligible.
I grew up in the Midwest where there were a lot of trees. We considered trees as assets, not liabilities. Sure there were associated burdens like picking up sticks and limbs, cleaning gutters and raking leaves. And maybe raking leaves again if by chance our neighbor’s leaves blew onto our freshly raked lawns. Did we ask for a city ordinance to somehow restrict our neighbor’s tree droppings? No. We got along with our neighbors and we silently re-raked our lawns.
HOA’s operate on limited budgets, and with limited manpower. They should think carefully before taking on additional responsibilities or attempting to solve issues between neighbors. If after careful consideration they do take action, any such action should be definite and enforceable.
Sorry, but the proposed Resolution just doesn’t measure up in my opinion. YMMV. Your mileage may vary.
