Prohibiting Balcony Planters
Adams Stirling PLC
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PROHIBITING BALCONY PLANTERS

QUESTION: Can the board prohibit planters on exclusive use decks, to protect them from damage from leaks and weight? Can the board restrict the weight of planters to not exceed 50 pounds? Can the board enforce these restrictions by using the Rules & Regulations, rather than change the CC&Rs?

ANSWER: Yes, boards can adopt reasonable rules to protect decks from damage, including limits on the size and number of potted plants and prohibitions against planters. Even though condominium balconies are for the exclusive use of the unit to which they are attached, they are still common area structures. Boards can regulate balconies without amending the CC&Rs, provided the rules adopted do not contradict the CC&Rs. Balconies on homes in PUDs would be subject to less regulation since they are not common area structures.

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Adams Stirling PLC