#370-G, Greenfield at Brandermill Condominium v. Lakomiec (March 13, 1998) (Panel: Axelson, Burstyn, Huson)

The condominium association (CA) complained that the condominium owner (CO) had installed landscaping and a trellis without prior approval.  The CO's defense was that the work done did not require prior approval.

The evidence at the hearing showed that the declaration prohibited any change in the exterior of the condominium without advance approval; that the CA had permitted the replacement of existing shrubbery and landscaping items which died or were damaged, without requiring prior approval for the replacement; that a portion of the limited common elements beyond the unit's fence was the CA's responsibility to maintain; that the CA failed to maintain that area of the CO's unit and that the CO attempted to do so although without permission. 

The panel ruled that the replacement of trees and shrubbery which died did not require approval from the CA; however, the CO must remove a trellis and house number for which approval was denied by the CA; the CO must maintain and trim shrubbery that is his responsibility and re-locate new shrubbery per the terms of the CA's approval; and the CO must submit a written agreement to maintain the plantings they made in an area between two houses or else to remove the plantings.