We refer to our Homeowners Association as "the lawn Nazis."

My wife is an avid, and inventive, gardener.  They once sent her a letter demanding that she choose "different varieties" of flowers from those blooming in our gardens.

We have a friend in Dallas who is into xeriscaping.  That is, waterless, chemical free landscaping using only native plants that will thrive in the ecology of the region.

Her lawn and gardens are beautiful, expensively landscaped, but not "suburban normal."

She is very "Green" and adamant about the dangers of the modern landscaping trends.

You can IMAGINE the crap she catches.

Jan 10, 2011 -- 3:32PM, Yavanna wrote:

Jan 10, 2011 -- 3:30PM, Christianlib wrote:

We have a friend in Dallas who is into xeriscaping.  That is, waterless, chemical free landscaping using only native plants that will thrive in the ecology of the region.

Her lawn and gardens are beautiful, expensively landscaped, but not "suburban normal."

She is very "Green" and adamant about the dangers of the modern landscaping trends.

You can IMAGINE the crap she catches.

I sort of take the whole right to property thing seriously. I can't imagine why people dislike the idea so much. It's kind of a big deal.

Well, to be fair, in much of Texas, especially in Houston and the Houston area, there are either no zoning laws, or very weak zoning laws.  About the only protection people have from a Tattoo parlor moving in next door are "Deed Restrictions."  These are covenants, contractural points that you agree to when you buy certain properties.  And, in Texas, these are the kinds of things that produce and empower "Homeowners Associations."

Unfortunately, he’s violated the bylaws-per the HOA attorney.

The HOA attorney stated, “as long as that flag is attached to a 6-foot pole mounted on a resident's home, as the bylaws stipulate” then he’s within the rules. He did not do that.

HOA is bound to enforce the bylaws-even if no resident objects to the bylaw being violated. To not do so is a violation of their fiduciary duty.  In California, HOA directors can be sued if they do not (in fact, we carry insurance for this).  Don’t know the law where this man resides.

When one lives in a community where bylaws or CC&Rs are enforced one must follow them. Or, make it a point not to reside where they have CC&Rs that are objectionable.

And yes, HOAs can get into trivialities that they ought not. I’ve seen some HOA directors use the position to harass neighbors whom they didn’t like and provide favors to those they do.

CLib- your wife should have asked the HOA to point out to her where in the CC&Rs (or bylaws) where they have the authority to request different varieties of flowers. I’ve found that oftentimes, the directors don’t know their limits and overreach them.  When asked to cite the code, they can’t.  See, the HOA cannot enforce rules more stringent than the CC&Rs or bylaws under which they govern.

 (Yeah, I’m on the board of my HOA-guess that makes me an automatic bad guy- right?)

 Irene.

Irene wrote:

> (Yeah, I’m on the board of my HOA-guess that makes me an automatic bad guy- right?)

No - I'm 'guilty' too, because I wanted to get the trash that was being dumped in our area wrangled and ended up getting stuck on the board the next election.  Many times people go on the board because we like keeping things clean, orderly, and civilized ... which is not the same as tramping on everyone's freedom.  Our usual response to most requests is "Thanks, I'll send out an email and check with the rest of the board, but it should be fine".  We just have to keep an eye out for the exceptions where someone really is planning something stupid or unneighborly.