Weatherhill Pointe Homeowners Association
Adopted May 18, 2009
On May 18, 2009 the Board of Directors of the Weatherhill Pointe Homeowners Association (Board) adopted this landscaping policy. The following was developed in consultations with the Association’s lawyer and is based on the Bylaws of Weatherhill Pointe Homeowners Association, Inc., and the Declaration of Covenants, Conditions and Restrictions for Weatherhill Pointe (Covenants). The Board’s goal is to help the Weatherhill Pointe community maintain its attractiveness for the residents’ enjoyment and protection of property values. As of the date of this document, the Board will enforce this policy.
While the Board, which is elected every year to manage the Association according to the Covenants, has every intention of allowing all homeowners the enjoyment of their home and community, it must be vigilant against unauthorized landscaping that is detrimental to the community as a whole or has cost implications to the membership. With this policy we will help ensure that all homeowners are treated fairly and consistently.
Authority and Scope
According to Article VII (Landscaping and Maintenance) of the Covenants, “The Apron of each lot will, with the exception of those areas of the Apron covered by any driveway or sidewalk, shall [sic] be landscaped and maintained by the Association.”
Article VII also states, “If approved by the Board of Directors of the Association, or by a Landscaping Committee composed of three (3) or more representatives appointed by the Board, an Owner may at his own expense, landscape, maintain and improve the position of the Common Area, as well as the Apron, immediately surrounding his lot. Such landscaping maintenance and improvement shall include, but not limited to, the planting of harmonious trees, shrubs, flowers and grass. However, the Association does not assume any liability for the replacement of or guarantee the survival of any trees, shrubs, or other plantings planted by individual members.”
Article VII states, “In the event that any maintenance or repair to any Common Area or Structure is necessitated by or through the negligent or willful act of the Owner, the Owner’s family, guests, invitees, or tenants, the costs of such maintenance or repair shall be added to and become part of the regular monthly assessment to which such lot is subject pursuant to Article IV.” (Article IV is titled “Covenant for Maintenance Assessments.”)
In sum, the Association has the authority for the landscaping of all areas (including the common area) outside the structures that are the members’ homes. This authority allows the Board to determine how all aprons and common areas will be landscaped and maintained. This policy defines how the Board will implement this authority starting May 18, 2009.
The Association will rely on a landscape contractor to provide and maintain common areas.
Maintenance of the common areas includes (but is not limited to): mowing the grass, seeding, spraying for weeds, pruning shrubs, and laying pine straw. See exceptions under “Homeowner Activities” below.
The Association will maintain all aprons with regular landscaping services that will include pruning shrubs (not trees), spraying for weeks and spreading pine straw mulch.
The Association will remove dead trees and shrubs at certain times of the year.
The Association will not remove or prune live trees.
Based on Article VII of the Covenants, all homeowners must get prior written approval from the Board before making any changes to the apron around their homes. Stated differently, homeowners may not remove or prune trees or other plants, plant flowers, remove pine straw, or make any other landscaping changes without prior written approval from the Board.
Within the apron, homeowners must obtain prior written approval from the Board before making any landscaping changes, including pruning, deleting or adding live plants.
Homeowners who have obtained prior written approval for any changes may then either implement the changes themselves or hire a contractor of their choice, including the Association’s landscape contractor.
4. Based on Article VII of the Covenants, homeowners who wish to individualize the landscaping in their apron, including the laying of borders like rock, timbers or other items, must obtain prior written approval from the Board. Thereafter, the homeowner is responsible for the maintenance of the landscaping that is individualized at that home. This responsibility transfers to the owner’s heirs, successors and any future owners of that location.
a. All perennials, annuals or other decorative gardens must be weeded, maintained and kept in good order by the homeowner.
b. The Association retains the right to require changes to the individualized landscaping (at the homeowner’s expense) if conditions deteriorate.
c. Upon granting permission for individualized landscaping, the Board may require that landscaping be restored to original plantings upon sale of the home.
5. Homeowners may opt out of the Association sponsored weed spraying by placing special stones around perennials and annuals in their apron and may opt out of the spring of pine straw if they wish to use another type of mulch. See the “Procedures” section below for how to contact the Board to invoke these exceptions.
1. As described in Article VII of the Covenants, any homeowner wishing to change any landscaping around their home must submit a written request to the Board prior to taking action. Requests may be submitted in the following ways:
a. By putting a letter in the WPHA mailbox in the kiosk
b. By sending an email to firstname.lastname@example.org
c. By sending a letter to the WPHA mailing address: PO Box 442, Carrboro, NC 27510
2. The Board is the ultimate arbiter of all landscape decisions (i.e., will decide what is harmonious landscaping). When there is a Landscaping Committee, the Board gives that group permission to decide on small landscape change requests. The chair of this committee (i.e., the Board member assigned to landscape issues) will decide when an issue must be decided directly by the Board. The Landscape Committee chair will regularly report committee decisions to the Board, which directs the scope of committee decisions and ensures that the committee reflects the Board’s general views about landscaping.
3. Homeowners should pay attention to notices about the monthly Board meetings to ensure that their requests are considered in a timely manner. The Board will only consider extreme cases between regular meetings. The Landscape Committee, which considers small requests, will consider requests as they are made.
Based on Article VII, if landscaping changes are made without prior Board approval, the Board will correct the changed landscaping and assess the homeowner for the corrections. The Board will notify the affected homeowner in advance of any corrections in landscaping, including allowing a reasonable time for the homeowner to propose and implement approved changes.