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Garden Gnome Alert: It Feels Like Spring!

By Lawrence B. Leff, Mark K. Payne, Suzanne M. Leff, Stan V. Jezierski

Okay so I admit it – I happen to think garden gnomes are cute as a bug's ear! Surely my neighbors in the culdesac feel the same way. Maybe if we band together we can create a colony of gnomes in the HOA with a leprechaun or two thrown in for good measure. How cool would that be?! 

If you live in an HOA and have the compulsion to start a garden gnome colony or plan to make improvements to your landscape, home, or lot – here are things you need to know before you get started:

♣         Check the governing documents of your association to determine whether there are any architectural restrictions or guidelines addressing your plans. The first place to start your research is the Declaration of Covenants, Conditions and Restrictions. This document will contain relevant use restrictions and will typically outline the architectural review process you must comply with.  Also, check to see if there are any relevant Architectural Guidelines or Rules & Regulations. 

♣         Follow the required architectural review procedures before making improvements. Failure to comply with the required procedures can lead to some pretty significant consequences – including the requirement that you remove or change the improvement you made. You don't want to be required to remove a gazebo you built or change the paint color on your home simply because you didn't follow the proper procedures to first obtain approval to proceed.

 

♣         Upon receiving approval from your association to move forward with making improvements read the written approval carefully and follow all of the requirements. The approval you receive may have conditions you must comply with and failure to follow the directives could have significant consequences.

 

♣         If you aren't sure what to do, ask the manager of your association for guidance or check with a member of the board if your HOA is self-managed.

     

Finally, if you follow all of the procedures and obtain approval to install a gnome colony – please send us pictures and we will be sure to post them on this blog! 

 

 

Full post as published by Colorado Homeowners Association Law Blog on March 17, 2011 (boomark / email).