QUESTION: Can the board prohibit planters on exclusive use decks, to protect them from damage from leaks and weight? Can the board adopt rules rather than change the CC&Rs?
ANSWER: Yes, boards can adopt reasonable rules to protect decks from damage, including limits on the size and number of potted plants and prohibitions against planters. Even though condominium balconies are for the exclusive use of the unit to which they are attached, they are still common area structures. Boards can regulate balconies without amending the CC&Rs, provided the rules adopted do not contradict the CC&Rs. Balconies on homes in PUDs would be subject to less regulation since they are not common area structures.
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