Limited common area and plantings

[emmgee]

What is the name of your state (only U.S. law)? Pennsylvania

Hi - I'm a resident in a townhouse community with an association in PA. I have bushes in my limited common area that have been there for about 25 years that look nice and give us privacy. The board wants to take them out and level the soil without replacing the bushes. We've asked them to please not remove them but they are refusing.

My question is, can they remove plantings from a resident's limited common area without permission?

Thanks in advance for your time...What is the name of your state (only U.S. law)?

 

[JETX]

can they remove plantings from a resident's limited common area without permission?

Of course they can. That is the meaning of COMMON area (owned equally by all).

 

[emmgee]

What I'm referring to is LIMITED common area, meaning they are allocated exclusively to the use of my unit.

 

[You Are Guilty]

Limited or unlimited, they are still common areas, controlled by the HOA.

 

[BOR]

What I'm referring to is LIMITED common area, meaning they are allocated exclusively to the use of my unit.

There was a Q on another board I post on similar.

The law probably is one of Fixtures. At that time, I keyed in such as; law of fixtures + plants.

The links seemed to state, at least for that state, the plant, once planted, became the property of the owner of the housing.

 

[xylene]

Given the potential value of the mature plantings, you need to see a lawyer ASAP.

 

[BOR]

OH emmgee, my post was based on the fact that YOU planted them OR some other former resident did? Is that the case?

 

[emmgee]

Our townhouses were built as apartments about 25 years ago then about 10 years ago they were sold as individual units and an association was formed. These bushes were there when the community was apartments and we are the original owners, post conversion.