Part 2 published on 01/05/03
Owner’s landscaping changes exceeded Board’s authorization, and had to be reversed
The Board of Directors gave approval for one of the owners to install a flower garden in the front of the unit, subject to certain restrictions on the dimension of the garden. The installed garden exceeded the approved dimensions.
The court ordered the owner to bring the landscaping into conformity with the approval. The court said:
“In this instance the Board provided an authorization for landscaping which was exceeded. There has been no movement from their position that there must be rectification. It matters not as shown by the photos…that the landscaping appears to be beautifully done, or that all other unit holders find it pleasing. Where the elected Board concludes it is unacceptable for an area of the common elements which they are elected to govern their word is final. In a democracy, the manner in which to overturn such a determination is through the election process and there is no evidence the condo Board ever rescinded their initial approval.”
[Editorial Note: This case expresses the role of the Board of Directors. Many decisions must be made by the Board. The Board members are liable and accountable for those decisions. Owners who don’t like the decision can seek election, whereupon they accept the liability for decisions made as Directors.]