Cohousing-L Mailing List: Private Gardens on Common Area Land

[Thomas Lofft (tlofft]

Subject: [C-L]_ Private Gardens on Common Area Land
To: "'Cohousing-L'" <cohousing-l [at] cohousing.org>
Norman Gauss wrote: 
 
["We at Oak Creek Commons in Paso Robles, CA, are wrestling with landscaping
issues that have arisen when occupancy of our condo units changes.
 
In conformance with the cohousing philosophy, we have encouraged condo
owners to be creative in designing and installing private gardens adjacent
to their units usually on their own water. When the original owners sell
their units, the question has arisen as to how the private garden is to be
maintained. Since our climate is on the dry side, irrigation is needed.
 
So if a beautiful garden requiring extra water is created, how do we have
this garden taken care of under the new owner, especially if the new owner
has no interest in maintaining the garden? The Landscape Committee does not
want extra work just because a condo unit is sold. We would like the new
owner to agree to take care of the garden or else pay for the expense of
converting the garden back to its previous condition which is a drought
tolerant landscape watered once per week with a drip system. "]
 
Norman Gauss

Very interesting challenge, Norman.
 
We have exactly the same item here in MD at Liberty Village, with the exception 
that we have ample rainfall and a corresponding flush of weeds after every rain.
95% of our homes are semi-detached on fee simple footprint lots but every 
homeowner has license to use common area for landscaping with the explicit 
agreement that they are responsible for maintaining everything they plant. All 
generally take pride in doing so, including embracing the landscapes and 
gardens left behind by sellouts.
 
This is not in a deed referenced recorded document so upon conveyance it would 
appear to me that the 'license' would be construed in a court of law to be a 
verbal agreement related to real estate and not court enforceable. 
 
The challenge is how strongly the 'community' wants to enhance its 'sense of 
community' as opposed to trying to 'force' a new resident-owner to comply with 
something that was not an item of record in their title commitment. 

I suggest that the Landscape Team seek to budget funding for landscape 
reversions and get a written release and disclaimer from the seller and new 
purchaser prior to the conveyance. either acknowledging maintainance 
responsibility or waiving that to release the condo HOA to go back to 
Xeriscaping. 
 
Thanks for writing.
Tom Lofft
liberty Village, MD