HOA Ban Invasive Plant

[lieuz]

I'm curious, I am about to buy a home and the HOA is requiring us to read the HOA regulations and part of the regulation states that we are not allowed to grow 8 types of plants that are incredibly invasive and are banned from being grown. Wisteria is one plant I have and wisteria is a plant on the invasive ban list. I haven't yet seen this plant grow any pods and it's not in the ground. I am pretty sure I can't bring it with me...but could there be an exception?

 

[milehigh_7]

I'm curious, I am about to buy a home and the HOA is requiring us to read the HOA regulations and part of the regulation states that we are not allowed to grow 8 types of plants that are incredibly invasive and are banned from being grown. Wisteria is one plant I have and wisteria is a plant on the invasive ban list. I haven't yet seen this plant grow any pods and it's not in the ground. I am pretty sure I can't bring it with me...but could there be an exception?

A few things, one, the last thing you want is a fight with HOA people. They are bullies from the word go. However, it's not technically "planted" if it's in a pot. You could write them and ask for an exemption as long as it is not planted and you don't let it seed. Or just don't tell em and take your chances.

 

[lieuz]

A few things, one, the last thing you want is a fight with HOA people. They are bullies from the word go. However, it's not technically "planted" if it's in a pot. You could write them and ask for an exemption as long as it is not planted and you don't let it seed. Or just don't tell em and take your chances.

I was thinking that because this is on the pamphlet. I'm serious this is a very serious issue for me and I don't care of people make fun of me, I need to make sure my kids come with me.
In this passage I read it like that since it's not in the ground it's ok?

"HOW CAN I MANAGE INVASIVE E X O TIC PLAN TS ON MY PROPERTY?
In addition to not installing new invasive exotic plants, you can help by removing existing ones and replacing them with native alternatives. Be sure to remove the roots because many invasive exotics can spread by roots or stems left on or in the ground. Please properly dispose of the debris by putting it into the trash. Do not compost it, and never dump yard waste into the natural areas. If you keep existing invasive exotic plants on your property, cut them from your trees and shrubs and do not let them spread to neighboring properties"

So maybe?

 

[milehigh_7]

The verbiage would suggest that you can. They are not "new plantings" as you technically are not "planting them". Also it provides wiggle room with the statement "If you keep existing invasive..." And for you they are existing. However, with HOAs you would have to take them to court to reverse a fine sooooo they kinda hold all the cards. In the end your best bet is to get on the board or get an exemption for "potted plants" into the bylaws.

 

[Deleted member 18707]

Does the HOA agreement detail any specific fines? I'd say take your plants, don't worry about it, and *worst case* they say "get rid of that or else" and you get rid of it.

Will their rules prevent you from buying the house? If they say you can't have your plant will you not buy the house?

 

[Bunjeh]

A few things, one, the last thing you want is a fight with HOA people. They are bullies from the word go. However, it's not technically "planted" if it's in a pot. You could write them and ask for an exemption as long as it is not planted and you don't let it seed. Or just don't tell em and take your chances.

Concur. HOA's are illegitimate shadow governments without portfolio. Plant wisteria, acer ginalla and kudzu in your front yard and ask them to present governmental credentials when they try to rip it out.

 

[sorce]

I'm pretty sure you still have the right to pursue your happiness!

I read that somewhere.

Fuck those people.

Really uncontainable that one, my apologies!.

Sorce

 

[milehigh_7]

LOL no apologies necessary from me... I lothe HOAs and firmly believe they were all picked on as kids and now they have their chance to be bullies. I think they should be outlawed. Run for your board and then get a vote of your members to disband the HOA.

 

[whfarro]

As long as you don't try and fly an American Flag they should leave you alone.

 

[Eric Group]

If yours are in pots, you have nothing to worry about. The HOA will not be touring your back yard asking for verifications of what hoes of plants you have in pots in your back yard. The concern is that you might plant something in the ground like Whisteria that could spread all over the neighborhood. There are varying degrees of HOAs- some are even "voluntary" participation and have tiny yearly dues others are much more overbearing, cost a LOT per month and will rip you a new one if you step out of line in the least.

 

[BrianBay9]

HOAs are one of the most evil creations of modern man. They usurp the authority of local government, and extort prospective homeowners to support them. The only people I've ever heard defend them are on the boards of HOAs. I think people running in local elections could win on a platform of outlawing HOAs.

Sorry, personal rant. I'm hoping to soon sell the only property I've ever owned with an HOA....oh, perhaps not the best rant.....no, no, HOA's are WONDERFUL! Really you'll love living in an HOA controlled community!

 

[sbarnhardt]

"If" your plants/trees are in your backyard in such a way as to where they can't be seen, or identified, without physically going into your backyard, then there would/should be no way they would know what you have. Barring your giving them blanket permission, by agreeing to their HOA bylaws, to enter your property for the purposes of inspection, they would have no legitimate way to be there to see what you have. If they want to know they would have to ask your permission and failing to receive that I'm thinking they would have to try to obtain some type of "administrative search warrant." I would expect that if they chose to go that route they would have to go before a judge, or similar official, apply for it and see if they got it. None of that would be immediate and would give you time to take the "necessary" steps to mitigate the situation.

Long and short of it is "Don't take it lying down." Like some have said, HOAs "can" be a collection of bullies that when confronted, like a bully, will, at times, tuck their tails and slink away. A good offense can frequently be a great defense." Hit them where it hurts!!

 

[Dav4]

I live in one of those high cost, potentially overbearing HOAs. My 2 cents...better to ask for forgiveness then ask for permission. I'll bet the majority of people on the HOA board couldn't pick a wisteria out of a line up. Keep it in the back yard where fewer people can see it. If someone asks you what it is, feign ignorance and tell them you're not sure....and don't plant it in the ground to thicken up.

 

[Paradox]

I would never buy a house with an HOA. They are draconian dictators with megalomaniacal delusions of grandeur.

 

[Dav4]

The only thing I mind about living in an HOA is the annual fee...other then that, it's not that big a deal. For that fee, I get the use of a pool the size of 2 Olympic sized pools with certified life guards all summer long, 2 tennis courts, and I don't have to worry about my neighbors permanently parking a broken down winabego in their front yard or deciding to become organic goat farmers. Granted, my property is large and my back yard can't be seen from the street, so I can get away with things I suspect other members can't.

 

[sorce]

They don't know Wisteria from cactus.

Sorce

 

[lieuz]

Thanks for all the comments. I am ok with this HOA since it's the lowest I've seen, doesn't mean it won't go up...But I think it'll be ok in the pot because I trim the crap out of the wisteria anyway to control it. But yeah I agree with a few of you guys, we are the end unit and no other homes look into the yard. I think we'll be ok... The later verbage did sound like it was ok to an extent if you can control the growth.

 

[lieuz]

They don't know Wisteria from cactus.

Sorce

Hah! You're all right Sorce. I like you.

 

[ColinFraser]

When I was buying my house , my realtor kept trying to show me properties with HOAs. I would say to her, "what if I want to have a garage band or put pink flamingos in my lawn?" She asked, "do you want pink flamingos I your lawn?"
"No, but what if I did?"
I got a lovely house with no HOA, and then proceeded to mow shapes in my front lawn for the first year . . . Because I can.

 

[lieuz]

When I was buying my house , my realtor kept trying to show me properties with HOAs. I would say to her, "what if I want to have a garage band or put pink flamingos in my lawn?" She asked, "do you want pink flamingos I your lawn?"
"No, but what if I did?"
I got a lovely house with no HOA, and then proceeded to mow shapes in my front lawn for the first year . . . Because I can.

Shoot, I want a pink flamingo too!