Question:
Our HOA CCRs and Bylaws state there may be NO alterations to Common Areas within the HOA without Board approval, yet HOA members are unilaterally planting flora and/or decorating common areas without approval. Can the Board remove any unauthorized flora/personal items from the common areas after giving notice
Answer:
Hi,
You may take corrective or enforcement action based on your CC&Rs and bylaws. These two documents should be able to tell you how you can deal with violations of the rules. Normally, it does mean that the board can remove the unauthorized flora and personal items from the premises after providing notice. You might also be able to levy fines or other penalties depending on your CC&Rs and bylaws. However, make sure you follow due process according to your governing documents.
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