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Read your governing documents to determine your use of this area.

  • If it is listed as part of your unit -- private -- the association cannot dictate your use, but may be able to dictate that you maintain it in a 'neat and tidy' condition.
  • If it is listed as limited common area -- belonging to all, but accessible to fewer than all -- the association may be able to dictate your use. If your fruit trees were installed before the board 'changed the rules to prohibit them' -- for example, you can work with the board to grandfather-in your botany. The board may or may not allow you to keep them.
  • If it is listed as common area -- meaning it belongs to all and can be used by all (which doesn't fit your description of 'private'), then the board can demand that you remove them.

Best practices dictate that the board work with resident owners to make living in your community as comfortable for you as possible. This enhances property values, and helps preserve, maintain and protect the association's assets.

There may be other issues over which there is no control, such as tree diseases and pest control that the board is obligated to enforce in order to preserve the community's landscape assets, for example.

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Q: Can my condo board require me to remove my fruit trees from my private back patio?
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Peremptory means something definite and absolute, final and not entitled to delay or reconsideration. By a vote of the majority of the officers of the condo board, IF THEIR DOCUMENTS ALLOW IT, they may remove one of the board members from the office they hold (i.e.: Pres/V-Pres/Secty/Treas). However, they do not have the authority to expel a member from the board itself. That action must be initiated by the general membership who elected the member to the board, or - they may be removed from the Board due to reason of action of law (e.g.: in some(all?) jurisdictions a member may be rendered ineligible to hold office and/or removed from office due to their conviction of a felony offense).


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Is a board member of a condo required to live in the condo?

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Your condominium association president is the leader of a multi-million dollar corporation. If your president 'doesn't like to be corrected', the remainder of the board can step up to require that board business be conducted by majority vote. Rarely are association presidents allowed -- and when they do, they do so at their own peril -- to make unilateral decisions and take independent actions. Please read the link below about rogue board members.


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The board or the association manager can answer your question.


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