Rabu, 11 September 2013

Plastic Pink Lawn Flamingos: How to Get HOA Approval To Put On Lawn

Let's pretend you love pink plastic lawn flamingos...


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You live in the best condominium complex in Fresno.  However, lately you noticed that your love for plastic pink lawn flamingos has grown perversely large.  You have this urge to share this passion with your neighbors by placing them on the front yard.  How are you going to get the HOA to approve of your plastic feathered friends being placed in the front yard?    

A HOA, or homeowners association, is responsible for the maintenance and upkeep of any common areas, such as landscaping, swimming pools, and tennis courts in certain housing communities.  If you live in one, you are required to join. The HOA has bylaws, which you are required to obey.  Some bylaws are common sense.  For example, you would likely be not allowed to place plastic pink flamingos in your front yard.   

HOA bylaws are not etched in stone. You might be able to talk the association into an exception if you can present your case well. Here is how you can obtain an exception to the HOA bylaws and get your pink plastic lawn flamingos placed in your front yard:

1.  Offer a Compromise:  Many HOAs will be concerned that if they allow one resident to break the rules, all the homeowners in the neighborhood will be lining up to receive special treatment.  While you might love a neighborhood littered with lawn flamingos, most neighbors would not agree.  However, a compromise is worth a try. Talk to the association. Maybe you will be permitted to place one flamingo in the lawn.  Or, perhaps the HOA would allow a pink flamingo prominently displayed in your home's front window.

2.  Talk to other Neighbors: Take your case to your neighbors.  If you want to plant a tree, demonstrate how the tree will provide extra shade, which is beneficial to everyone in the summertime.  (Pardon my change in example.  I can't think of an example of a beneficial use of lawn flamingo.)  Showing up to an HOA meeting with a team of concerned neighbors who want more trees can position you to get what you want, regardless of what the bylaws say.

3.  Be Reasonable: If there is something in your HOA bylaws that is causing a problem for you, approach the topic reasonably. Don’t act combative or confrontational. Hitting a board member with one of the plastic flamingo's is not going to curry a favor.  Rather, ask the HOA what you need to do obtain an exception. 

Good Luck!

Ken Jorgensen, California Attorney
www.fresnolawgroup.com

Photo Credit: joeysplanting

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