What is the name of your state?What is the name of your state? VA
I removed some large bushes from my front yard last fall (Oct. 2004). I followed the process outlined to me in the HOA manual and submitted my landscaping plan for that area which included dimensions of the area to be landscaped and the types of shrubs I would place there by the end of October. The plan only had 3 trees on it since it was too late in the fall to do much planting. The plan included placing aggregate in the landscape area versus mulch, which is what all my neighbors have. I had explained that when I removed the bushes, they contained termites. It was approved and signed off by the board. I had the area treated for termites and then put down the approved of aggregate and planted the 3 trees.
In February I received a letter from the HOA telling me that I was out of compliance. They told me I needed scale back the area of the aggregate and that I needed to do more planting. I attended the HOA meeting and told them that I had every intention of doing additional planting. I would submit a plan for the rest of the landscaping, now that spring was around the corner, but I would not scale back the area with the aggregate. I told them that, based on their approval, I spent a lot of money and effort on placing that aggregate there. It would take me a lot of effort and money to move the aggregate. They told me that they wanted to see the rest of my plan and then would get back to me on the aggregate and the issue of scaling it back
I submitted the plan with the shrubbery I planned to plan to the HOA. They sent me another letter which I received yesterday. In it they say now, I have to cover up the area with aggregate with mulch. The reasons they give are 1) my landscaping does not match the neighbors landscaping and 2) the landscaping I have now covers 1/2 of my front yard. They do go on to say that if I put mulch over the aggregate, it is okay if the landscaped area covers 1/2 my front yard.
Can they reasonably state now that the Committee member who signed the original plan did not “realize” that the aggregate area would be 9 ft out from the house, even though it was on the plan that was signed? Is it my burden now to have to make changes because she did not look at dimensions that were clearly drawn on the plan? Can they put a lien on my house for not going along and doing this?
I removed some large bushes from my front yard last fall (Oct. 2004). I followed the process outlined to me in the HOA manual and submitted my landscaping plan for that area which included dimensions of the area to be landscaped and the types of shrubs I would place there by the end of October. The plan only had 3 trees on it since it was too late in the fall to do much planting. The plan included placing aggregate in the landscape area versus mulch, which is what all my neighbors have. I had explained that when I removed the bushes, they contained termites. It was approved and signed off by the board. I had the area treated for termites and then put down the approved of aggregate and planted the 3 trees.
In February I received a letter from the HOA telling me that I was out of compliance. They told me I needed scale back the area of the aggregate and that I needed to do more planting. I attended the HOA meeting and told them that I had every intention of doing additional planting. I would submit a plan for the rest of the landscaping, now that spring was around the corner, but I would not scale back the area with the aggregate. I told them that, based on their approval, I spent a lot of money and effort on placing that aggregate there. It would take me a lot of effort and money to move the aggregate. They told me that they wanted to see the rest of my plan and then would get back to me on the aggregate and the issue of scaling it back
I submitted the plan with the shrubbery I planned to plan to the HOA. They sent me another letter which I received yesterday. In it they say now, I have to cover up the area with aggregate with mulch. The reasons they give are 1) my landscaping does not match the neighbors landscaping and 2) the landscaping I have now covers 1/2 of my front yard. They do go on to say that if I put mulch over the aggregate, it is okay if the landscaped area covers 1/2 my front yard.
Can they reasonably state now that the Committee member who signed the original plan did not “realize” that the aggregate area would be 9 ft out from the house, even though it was on the plan that was signed? Is it my burden now to have to make changes because she did not look at dimensions that were clearly drawn on the plan? Can they put a lien on my house for not going along and doing this?
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