MUTUAL OPERATIONS PHYSICAL PROPERTY. Garden Areas, Trees, Shrubs - Mutual Ten. Garden Area Size

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1 Garden Area Size 1. Shareholders are permitted to have a garden area in front of their units, but must maintain the garden area in a manner considered to be an enhancement of the appearance of the Mutual. The maximum garden area allowed for one side of a building is 40 from the main stucco structure or measure from the roof support post, but not the added bay window stucco structure. The garden area may conform to the width of the majority of other units on the same side of the building which, in some cases, exceeds 40. Certain plants, bushes and shrubs are not permitted in the garden area (see Garden Use, Items 1 and 2, and Gardening, Item 2). The 40-inch width includes any decorate edge blocks (which may not exceed six inches in width). All plants must be kept trimmed six inches from the building to allow inspectors, painters, or maintenance people access to the building for inspections, repairs, or painting. After Board consultation and approval, shareholders of apartments A, F, G and L may be allowed a garden area at the ends of their apartments, depending on the area available and by not planting so as to encumber entry to the attic by ladder or access to the meter panel. The Board may allow a garden area at the side of a laundry room. When a shareholder has permission to use this area, shareholder must follow the rules as to what plants are permitted, and care for the plantings to keep them attractive. Approval for use of these special garden areas may be revoked at any time without reimbursement to shareholder for items removed. a. Resale/Transfer: Upon the resale or transfer of the shareholder s stock, the garden area must conform to the size of the adjoining garden areas on the building. All items not permitted under Gardening, Item 2, shall be removed from the garden area at the seller s expense. b. Construction Permit: When a shareholder hires a contractor (which must be approved by the Golden Rain Foundation) to modify the exterior structure of the main foundation, the contractor shall add a 12-inch exterior apron to the main foundation structure. The contractor may be required to conform to the garden area to match the width of the adjoining units in the building. At that time, all Page 1 of 5

2 items not permitted under Gardening, Item 2, shall be removed from the garden area at the shareholder s expense. c. Shareholders: Shareholders may submit a written request to the Board of Directors to adjust their garden area to match the adjoining units in the building. If approved, shareholder shall remove all items not permitted under Gardening, Item 2, from the garden area at the shareholder s expense. Garden Use 1. Shareholders may plant the greenery of their choice in the garden area except for non-permitted items and trees and other plants that have invasive root growth and the potential to damage the Mutual s structures and walkways are prohibited. Vines are not permitted to climb on any structure, tree, or light pole. If a trellis is used, it must be freestanding and be kept 12 inches below the eaves and 12 inches from the face of the building, so as not to deface the building structure and to allow access for inspection for maintenance, such as painting). If there is any offending growth, it will be removed by the Mutual at the share-holder s expense if the shareholder fails to maintain the appearance of the garden area in a manner consistent with this policy. 2. Fertilization and plant pest control in the garden area is the financial responsibility of the shareholder. Care must be used in the application of pesticides so as not to endanger others or useful insects. Watering the garden area is also the shareholder s responsibility. 3. Shareholders may have a sprinkler system installed in the garden area if it meets approved City codes and is connected to the shareholder s garden faucet pipe outlet. Sprinkler heads must be installed so as not to spray water on the building structure (contact your Mutual Director for requirements). 4. Approximately once a month, gardeners will remove weeds, trim the plants, and rake the flowerbeds UNLESS the shareholder desires to perform these tasks themselves. If that is the case, shareholder shall notify the gardener that they will care for the garden area themselves. Roses are trimmed in December or January by the Page 2 of 5

3 gardeners. The gardeners, or shareholder, will trim all plants that extend outside the garden area line. See Gardening, Section 2, for plants that cannot be planted in the garden area. The gardeners shall remove all baby tears, wild mint or plants of the spiderwort family because these plants can spread into the lawn and kill the grass or spread into other garden areas and kill the plants. 5. Freestanding, inanimate objects are permitted in the garden area. 6. No more than six (6) hanging pots (including wind chimes or other artifacts) are allowed. Plants must be kept trimmed, healthy and on non-rusting hangers. 7. The use of leaf blowers in Mutual Ten is limited to projects where there is no reasonable alternative. Turf Uses 1. The turf areas consist of all the ground areas located outside of the garden area allowed for each apartment. The walkway entrance shall not have plants planted on either side or any type of potted plant placed on the walkway. The garden areas next to carport walls and the tree plots are the responsibility of the Mutual. EXCEPTION: If a tree has a plot of dirt around it and it is in front of the shareholder s apartment. The shareholder may submit a request to the Board of Directors, in writing, to plant colorful flowers in the plot of dirt and maintain them year-round. No more than four (4) decorate pots (no nursery pots) are allowed per tree plot. The flowers must be maintained at least three inches within the tree plot area and the tree plot area cannot be expanded by the shareholder. Also, the flowers should not grow more than approximately 14 inches in height. If the shareholder does not maintain the flowers, the flowers will be removed at the shareholder s expense. 2. The Mutual turf areas may be used by shareholders on a temporary basis for construction activity, moving, parties, etc. Lawn furniture, tables and other similar items are permitted in the common turf areas only during actual use and must be stored in the shareholder s apartment and not left on the turf areas or in the well at the Page 3 of 5

4 base of a tree when not in use. 3. Lampposts may be decorated for special holidays. If the decorations are attached to the post, blue painter s tape must be used so that the painted surface of the lampposts is not damaged. 4. Projects requested in writing by shareholders that would result in changes to turf areas must be approved in writing by the Mutual. The work involved in such projects must be performed by the Mutual s gardening contractor, with the cost of such work charged to the shareholder. Trees: Planting, Care and Removal 1. Trees are the responsibility of the Mutual, including planting, care and removal. Trees may be planted in common areas only, not in a shareholder s garden area. Trees must be on the list of approved trees and the Board of Directors must pre-approve the planting. Replacement or new trees may be planted in select locations at the Mutual s expense. EXCEPTION: Shareholders may submit a request in writing to the Board of Directors to have a tree planted by the gardening contractor at the shareholder s expense. All planting of trees shall be done by approved professional gardeners. The shareholder may, generally, choose the planting site if approved by the gardeners after considering, among other criteria, the existing sprinkler system, adequate space for roots, proper clearance from any structure, etc. Trees are selected, as needed, by the gardener and picked up from a nursery and delivered as part of the cost of planting. 2. Pruning or lacing (thinning) is performed on a scheduled basis. Root control will be done, as needed, to limit intrusion of roots under walkways, garden areas or buildings. Broken branches, wind-caused or otherwise, will be removed by the gardeners. Page 4 of 5

5 3. Due to disease, falling branches, leaning dangerously, or other cause, a tree may need to be removed. In most cases, a professional arborist will be asked to inspect the tree and provide an opinion. The gardening supervisor may also be consulted before an arborist is called. 4. Specifications and a bid process will be used for the removal of trees, except for some very small trees. In order to reduce expenses, tree removal may be coordinated with other Mutuals requiring the same. Small trees with obvious problems may be removed by the gardeners upon approval of the Board of Directors. Gardening 1. Perennial flowers do well in this climate and soil and there are many colorful flowers and plants that will provide beauty in garden areas. REMINDER: young plants and flowers need protection from rabbits. 2. The following flowers or plants may NOT be planted in garden areas, flower beds, or approved tree plot areas. Other plants or flowers may be added to this list by the Board of Directors in the future. Call your director to confirm if a plant is acceptable. Baby Tears Bamboo Bird of Paradise Cactus Cedar-type bushes Citrus or fruit of any kind Ferns Hibiscus Ivy Spiderwort Trees of any kind Mint Any large or long-leaf plants that cannot be contained in the garden area are also prohibited. NOTE: Plants grow with time and it is important to keep them trimmed. Plants should never be allowed to rub against the building structure, stucco or deco blocks. MUTUAL ADOPTION AMENDMENT TEN Page 5 of 5