I surely sympathize with you, those Homeowner's Associations seem to have a lot of power.

The rule seems heavy-handed. Was it spelled out in the original agreement? Did the HA follow its bylaws to pass this new rule? Which experts did the HA retain to determine that the water from plants is rotting the balconies? If not, who decided that? Was there any rot on your balcony? How did they determine that the problems were not caused by improper original materials or installation? Are they using treated wood? Have they applied waterproofing sealant to prevent future rot? Are the balconies of people who DO NOT have any plants also being replaced? If so, why did THEY rot? Maybe the balconies needed to be replaced because of 'normal' aging and the HA is blowing hot air...after all, you are growing cactus and succulents -- how much water could there possibly be under those pots...

I think you should speak with a lawyer about your rights because this rule detracts from the enjoyment of YOUR property.

Criminy, what is the point of a balcony without plants? Good luck.

Van.

Cena,
I'm w/ Van get a lawyer or check around,
there should be some sort of advocates group in your area.

Maybe your gardening club there can give you a hand.
Around here the clubs usually contain many "heavy hitters"
socially and financially.
Ask the members you know.
They may just be able to give you a hand.

Ric

Oh, Cena, this is just awful! I would be just as upset as you are.

I live in a condo and they are in the process of replacing balconies because they are rotting and they are replacing the decking with some kind of fiberglass or other artificial decking that wont rot or need replacing again. Maybe you can suggest this to your HomeownerÂs Association.

Too late for any material suggestions. I am talking to a lawyer. And I have gleaned lots of great suggestions from forum folks like you. I am at a loss within the community since so few people have plants.

This is the side nearest the front door.
{{gwi:4349}}

This is the street side.
{{gwi:4350}}

Thanks for all the suggestions, good feelings, and support.

Hey, do not give up, the reasoning behind the HA argument is absurd and arbitrary. Even in Southern California wooden structures rot out in time and need replacing. I do not believe that it is only the ten balconies of the plant lovers that have rotted out. Give-em hell.

I was just browsing and read this thread. I don't have any suggestions but I wish you the best of luck battling against the inhuman heartless people at the HA. I don't know what I'd do if someone told me to get rid of my plants. Some of them are personal friends. Again: best of luck and please keep us updated.

Cena, sorry to hear all this.
I hope my HOA doesn't see this.
Our wooden deck railings need repainting.
They don't allow us to have any hanging because of the wood.
My floor is not wood surfaced.

I agree with poliwhirl on the friends, they don't talk back, don't cost a lot, you don't have to call them everyday and not very demanding.

This is awful, Cena! I hope your lawyer checks the by-laws of your condo association. Generally, I suspect that you are required to comply with "reasonable" regulations -- but no plants at all on the balcony seems unreasonable! As Van says, what's the point of a balcony without plants?

On a practical level, maybe you could negotiate a compromise with them that addresses their concerns as well as yours. For example, you could agree to pay for a few more coats of urethane to be applied to your balcony, perhaps agree to use pot feet or something else to prevent the pots from contacting the floor directly, and maybe contribute to its replacement five years from now if it shows signs of premature rot. A letter from a local garden center saying that these are tried and tested techniques for preventing deck and balcony rot might help defuse the situation.

Good lord, I hope they're willing to listen to reason, or that your lawyer can bring them to heel!

Cena, go for it! Get that lawyer to get your high-handed HOA, arbitrary *&^($#()7 Board to cease and desist!! You can't be expected to stop living just because a few *&%&)* JERKS on your Board think that watering plants is the only reason balconies need replacing!! They wear out after time if they're made out of wood (the cheapest kind of balcony for a builder to put on a building). Give 'em hell!

Cena,
Good Luck! I wish I had some more supportive and informative advice to help you with your battles but unfortunately I don't. I too each summer have tons and tons of plants on my balcony(my neighbors like to say if you go venture onto my balcony without a map you'll get lost in the jungle. :) )and and I know I would feel devastated and destroyed at the thought that I must get rid of my little (and big) loved ones. All I can say is I am thinking positive for you and I wish you the best of luck.

From the agreement, it seems that only plants in containers are specifically banned. If they insist on being so anal, turn the tables and be even more so. Being a stickler for detatils, suggest to your HA that you will comply by removing the pots, dumping a load of fresh dirt directly on your balcony, and planting directly in the "ground." See if they reconcider.

Is it possible to have your lawyer propose a new balcony, made of the synthetic material that looks like wood? With our termite activity here in the South, many people use the non-wood decking materials. If you were to foot the bill for the materials and possibly the installation, why would the plants be a problem? It would look exactly like the other balconies, except that there would never, ever be the ugly rotted wood down the road. As I've never lived in CA, are you saying that it has never rained there?!

Since the association is depriving you of your rights to enjoy your property, perhaps there is a solution that will save them enough money to find some REAL issue to spend their legal fees on in the future. Considering that a treated wood decking kit can be had for a couple of hundred dollars from a box store, there doesn't seem to be much of a cost-benefit for the association to spend money on legal fees for this 'created' issue. If they insist on wood, what about the Brazilian walnut decking? You might offer to pay the difference in cost of materials, for a hardwood that lasts approximately 40 years.

Just throwing out suggestions, Cena. I can't help but think there's got to be a compromise here that will allow you to 'maintain' your lifestyle, including gardening.

girlsaylor

HA! I fooled them!

My MIL found a tidy little house with a couple both in their 80's who are ready to go into Assisted Living. The house never went on the market besides the Realtor Access MLS's. It is not perfect, by any stretch as it is smaller than where we are. BUT, it has a Sun Room with two window walls, a concrete apron bigger than my balcony, and sits on 1/16 of an acre. AND is in central city. Here in San Diego, lots of this size are UNHEARD of. Most new construction you can't even drive a vehicle between. It has five trees, a 30 foot mature Magnolia, an orange, a tangerine, and a lemon.

There are two metal sheds already installed. A two car garage. A recently remodeled kitchen with oak cupboards, a custom 1/4 round gas brick fireplace... I could bore you for hours, but the exciting part is... OUR OFFER WAS ACCEPTED this morning.

I have some photos, taken by someone else, in an album with lots of boy toys. But there are two important pictures in there. Thirteen is taken from the extreme edge of the front yard, and the bushes in front of the house turned out to be Portulaca afra.

Now, to get Loan Approval and to stay in Escrow for the whole 45 days.

Guess what I'm getting for Christmas, and doing for the Holidays???

Album address.
http://www.shutterfly.com/osi.jsp?i=67b0de21b35a62b765ea

OUTSTANDING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I can see the C&S hanging out in the yard as I type!!!!

That is QUITE the find.
I'm always amazed, when we visit out there, at how 'Munchkin' the yards are.
You've almost got an estate!
KUDOOS!!

Ric

Way to go, Cena! And no HOA!

Merry Christmas!!!!

PV

That's great news! Wow, all the plants you can have now!!!!
Congratulations!!

Oh my! Without a balcony, does that mean I can't post here anymore?

That would be a shame. I don't know anybody on Container Gardening...

Congratulations, Cena! I am so happy for you. It's almost like a collective present for all of us, when one of our members gets something so wonderful.

girlsaylor

Cena, you creative girl! What a wonderful house!! Now you can garden to your heart's content, and don't have to answer to anybody!! I'm greeeeeen with envy!!

Posiegirl (aka Judith)

Your balcony looks absolutely lovely; I can't see why anyone would want you to change it at all! I'm honestly at a loss for what you should do, but I sincerely hope you find a peaceful way of keeping them and I wish you the very best of luck!
I'm sorry I couldn't be of any help...

Just thought I would drop in and post Album Pics of the new property. It is a nice little fixer upper and I am getting so excited (and exhausted)!

Please enjoy the pics and if anyone has suggestions for the tangerine tree I sure need them. This will be my first backyard of my own, EVER. Lawn work! Ha, compost bins!!!!

http://www.shutterfly.com/osi.jsp?i=67b0de21b35f234c05e4

awesome! congrats on the beautiful new home.

We closed on the new house yesterday.

Thanks for all the support and good wishes. I will still have a concrete apron that I garden on, but no balcony...

Moving plants starts tomorrow. Hopefully we get all 300 moved in a day or two...

Congratulations, Cena!

I liked your house, but you know we all love to see the outdoors, being gardeners, lol. Best of luck getting all those babies moved. Wow, 300 of them is alot!

girlsaylor

I would also take pictures of Board of Directors member for the HomeOwnersAssociation. She should have to obey the same laws. Also if for new balconies what about old balconies that get new tenants can they have plants due to the fact the balcony is old? I am glad you are talking to an attorney.
Sandy

Wow! that's a lot of gardening space. You'll have to frequent the 'perennials' forum. You can make perennial beds all over the place, taking out as much grass as you can. "No lawn" should be your new motto! LOL!

That's a great house!

You can put in a huge pond too, then read at the "Ponds and Watergardens" forum. I'd have to put in a few bogs, as well. Are you going to have a bird bath and bird feeders, too? What fun designing that much yard!

I'm happy you found a solution to your problem Cena. Today i ran into a similiar problem. I went home for lunch to notice my geraniums had been pulled up. The hay was spread back over my soil. I live in a townhouse and a portion of my very expensive HOA fee goes to the upkeep of the community. I went to asked the landscaping guys what happened and no one was able to give me an explanation. I huffed and puffed and called the owner and manager of the company. They insist they do not pull up flowers without written consent. I am soooo mad, Thankfully my bed in the back of the townhome was not touched but my pansies that were replanted by my a/c unit have been pulled up and my flowers in the front of my house are gone. I can not get an answer from the HOA on what to do about it. But the owner of the landscaping company told me that the contract was terminated this morning and as of june 11th they will no longer be servicing our community. I nevered thought i could get so mad behind my flowers. But they have changed they way the front of my house looks now and that is NOT RIGHT.

That is just awful! Do you have a home-during-the-day neighbor who might have seen it happening? I would ask around.

I apologize if someone else has mentioned this, but I was in a little bit of a rush and didn't have time to read all the replies:

Was there anything about this "plant ordinance" in the original documentation that you signed when you first moved in? Technically, they can't just make up rules as they go along. If you signed any sort of binding agreement originally, you should be held to that and nothing else. The whole thing is BS in my opinion and we're all rooting for you!

Mike

Thanks for all of your support. I found my plants in my trash bin behind my house. The workers must have moved them for some reason and they just threw them away. I know my next door neighbor is home alot, but i have not had to chance to talk with him about what happened but i told his wife and the HOA commitee. Someone suggested kids or a dog did it, but i know a utility worker did this since i saw a cord had been buried in the back yard. It does not mention anything in the bylaws about planting. I own this property and do not recall anything about not being able to plant. I'm just happy i was able to retrieve my plant and replant them before they died. I had a few yellow leaves on them. I cut them off and replanted and fertilize. I actually have flowers on one now. I hope they survive the trauma. I suggest to anyone buying a townhome please beware of the RUDE workers.

Gotta say, this transitioning to lawn care, sprinkler maintenance, and other like minded pursuits is wearing...

Anyway, we are getting ready for our local Cactus & Succulent Show & Sale, and I thought y'all might like a look at my contenders. I am a Novice grower (to leave Novice classification, I must win 10 or more blue ribbons, I am at six now, with one trophy).

At this link is a show of how to groom, and what I'm showing, with comments and thoughts on each of the 'possibles'.

I can't believe this thread is still here. I was hoping traffic had picked up and everyone was just chattering away.

http://forums2.gardenweb.com/forums/load/houseplt/gal0522470915332.html?26

hi cena...i don't have a balcony....unless my front porch counts!..but i check out all of the forums just because you never know what ideas you might get....anyway, i wanted to say that i am soooooo glad that you were able to work out a resolution to your problem!! i took a peek at your pictures and am thrilled for you! good luck in your new home!

I hate to be the bearer of bad news but if a utility worker did it...

You don't have any say. There is something called a utility easement and that means that certain companies (utility, cable, etc.) actually have the right to tear up your property while they are doing work. If need be they can even take heavy machinery into your backyard to fix a problem. All without your permission.

I'm not sure they have to restore your property. I don't think they have to, but I believe the try to cover the basics so they aren't totally "bad guys". So your landscaping company is left holding the bag after utility companies come in.

That still doesn't give them the right to be rude and they should not have thrown the plants away.

So when planting those future prize-winning tea roses, remember to include utility easements when searching for the perfect location.

How far do you really think they are willing to go? In order to do anything they wold have to take yo to court, do you think theyed bother?

My parents have similar problems with their home owners association. They just hang the letters on the fridge and keep doing what there doing. So far it has only resulted in more letters.
personnally I can't believe they're even legal
damn the man!