From the Bylaws: No Co-owner shall perform any landscaping or plant any trees, shrubs or flowers or place any ornamental materials upon the Common Elements unless approved by the Association in writing. Any such approved landscaping . . . shall be . . . in a manner consistent with the landscaping in other portions of the Condominium Premises. The Co-owner shall be responsible for the maintenance of any such approved landscaping . . . In the event that such Co-owner fails to adequately maintain such landscaping . . . to the satisfaction of the Association, the Association shall have the right to perform such maintenance and assess and collect from the Co-owner the cost thereof . . .

There are three (3) categories of grounds: 1) Landscaped areas around the perimeter of the units, outside of the courtyards, that are maintained by the Association including shrub trimming and replacement; 2) Courtyards and 3) Natural areas, so designated by the Association, are non-landscaped and intended to be left in a natural state. The regulations covering each of these categories are as follows:

1) Landscaped areas around the perimeter of the units, outside of the courtyards, that are maintained by the Association including shrub trimming and replacement.

•  Co-owners are not allowed to remove grass in the common areas and create additional planting areas around their units, unless the area is next to the unit and approval is obtained from the Grounds Committee. These potential new areas (next to a unit) will remain the responsibility of the co-owner after approval.
•  No flower planting is allowed in these common areas without approval from the Grounds Committee.
• A co-owner who wishes additional plantings, other than flowers, must follow the following procedure:
  • An Alteration Agreement must be filled out to define the type of trees and bushes, their full growth height and diameter dimensions, and their exact proposed location including distance from buildings and other trees or shrubs in the area. This request will be evaluated by the Grounds Committee, with appeal available to the Board if denied by the Grounds Committee. If approved, the Association will then maintain the plantings for their useful life. This includes trimming and mulching at the location in which they are planted. Mulching will be included when and if other trees and shrubs in the complex are mulched.       The Grounds Committee reserves the right to deny a request if the planting of such tree or shrub would result in significantly increased landscaping costs due to the need to use smaller machines or more landscaping resources.
  • Trees must have at least a 2-1/2” diameter trunk.
  • Shrubs must be at least 24” or 2 gallon size.
  • When fully grown, trees and shrubs shall not cover the driveway, walkway, street or the roof of any unit.

2) Courtyards

•  Co-owners may install landscape materials within their assigned courtyards without getting Board consent.
• Any modifications that will affect drainage of the courtyard, the unit basement or the adjacent unit basement will be the modifying co-owner’s responsibility.

3) Natural areas, so designated by the Association, are non-landscaped and intended to be left in a natural state.

• The Association, except for situations such as a dead tree that may fall and possibly endanger a building, will not maintain these specific areas beyond occasional grass cutting.
• If a co-owner wishes to do any planting in these areas, they must follow the guidelines above for common element flowers and plantings.

Other Planting Restrictions/Guidelines:

1. Co-owners may plant flowers and individual bushes in the common elements near their units (that is: in their courtyards; between the sidewalk and the garage; in a portion of the common element adjacent to their unit for which planting approval has been given). These plants/bushes should nominally be less than three feet although some may be temporarily higher during the summer months. None of these plants can permanently cover windows or lay against the brick.   Also, hedges are not allowed in these areas.
2. Hanging baskets are allowed but no holes are permitted in the bricks for hangers. Hanging baskets from a hook fastened to the wooden portion of the unit is allowed without prior approval.
3. Flower plantings must not interfere with the mowing of the lawns or require the use of additional lawn service resources. If such plantings do require additional lawn service resources or other community resources, the co-owner may be required to remove the flower plantings and restore the area to its original condition. The landscaping contractor will not be held liable for suspected damage to co-owner plantings, and it is advised that co-owners keep their flowers and plants at least 12 inches from landscaped areas.
4. If the co-owner fails to maintain their plantings, and the result is considered detrimental to the appearance of River Pines, the co-owner may be required to remove the flower plantings and restore the area to its original condition.
5. Artificial flowers are not allowed.

Requirements for All Planting Approvals:

1. Completion of an Alteration Agreement that details the locations and types of all flowers, trees, and shrubs that are to be planted, including the distance from buildings and other plantings
2. The request for an alteration is submitted to the Grounds Committee for review. The Committee evaluation will consider the location, consistency with existing landscaping, and the effect on landscaping resources. If a request is denied, an appeal to the Board is available.
3. If a request is approved, the co-owner will handle flower plantings. For trees or shrubs that will be maintained by the Association, the co-owner must pay the purchase cost. The Grounds Committee reserves the right to deny a request if it would result in significantly increased landscaping costs (due to the need to use smaller machines) and/or more landscaping resources.