There are various issues that need to the clarified:

1. Maintenance of terraces or pavements: It should be understood as broom and water cleaning of the surface. It should never be "painting of any surfaces." This is similar to maintenance of local plumbing lines: Cleaning lines of soap, debris, grease and hair accumulations, etc.

2. Repairs by co-op: If the surface or even the pavement of the patio is broken, or there is a pipe under the patio that makes the co-op to dig the patio, the co-op is responsble for digging, repairing the line and resurface the patio.

3. If you have trellises or fences are crumpling and falling into other shareholders' property, the co-op must order the shareholder to take down the fence as it becomes an obstruction to others and liability for the co-op. In fact, if you allowed the fences to go up, you should have dictated the conditions of the fence with a signed document with the co-op standards for the fence, i.e., how the fence should be maintained, specify the type of fence and color of the fence. If the trellises are within the patio and they fall within the same patio, it may be an eyesore to the shareholder above, but that's about it. Only if you have House Rules as to how these terraces must be maintained on a daily basis, you may be able to enfoce the cleaning or upkeep of the trellises.

4. Now the RETAINING WALL AND THE QUESTIONABLE ART!!! Again, the board may not have found objection for the first shareholder to "deface" the retaining wall by providing a coat of white paint. However, such an action should have been with board authorization by way of a letter. In other words, the board always reserves the right to dictate USE of co-op property. Since the retaining wall is repaired by the co-op and the co-op is liable for retaining wall failure you can dictate the mode of use, even painting it!!! IN other words, the moment you allowed virgin cement to be painted and not powerwashed, shareholders assumed that they could do anything they wanted. NOW you are stuck with the issue of the retaining wall.

In my best Machiavellian thinking, I would suggest that your board paint ALL the patios with retaining walls of SAME neutral color (beige, light gray, white, etc.) and have a resolution stating that after painting the wall, shareholders with patio will not be able to paint the wall since it is co-op property. NO plants (e.g., ivy type plants) may be planted near the retaining wall and allowed to grow on the reatining wall or allow any attachments of any type. In other words, reclaim property and define what is permissible from thereon. The fences may be treated in the same say, i.e., provide standard fencing and maintain it so that you have a property that looks half-decent while avoiding conflicts!

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