CO-OP / CONDO FLOWER PLANTINGS

A condominium association had planted beds along the front of a building, at ground level, with rocks as the border. Owners in another building saw the beds and wanted to do the same. This bed was beautifully planted, but the residents had raised it about four to six inches and installed a wall around the soil and plants. Unfortunately, the soil was too high along the foundation. When a soaker hose was left on overnight, the area became saturated and the water penetrated the building at the foundation and damaged the walls, carpet, hardwood floors and furniture inside two units.

The cost to the association: $3,179.34. Each owner in the 164-unit condominium paid about $19, because the association's deductible was $10,000. Additional costs were incurred by the residents in the units to replace their carpeting and flooring and to repair furniture.

Sage Advice: Act on Thyme

This damage could have been avoided if:

• The residents who installed the raised flower bed had obtained written approval from the board.

• The board had noticed the landscape work when it started, and stopped it before the residents expended additional funds.

• The work had been done with consideration for the grade and water drainage around the building.

• The soaker hose had not been left running for an extended period of time.

• Verbal communication had not broken down between residents and the board.

Any change to the structure of the grounds, flower beds, tree circles, plantings, etc., must be submitted to the board before the work begins. The board would not have authorized a request for approval to install a raised bed around the building because the level of soil against the building was too high. When soil builds up against an exterior wall, water can permeate the edge of the concrete foundation and seep into apartments.

In the design phase, architects and engineers examine the land around each building. They design the grade of the building to ensure adequate drainage. In this instance, groundwater was to flow away from the building and down a hill toward a river. With the soil built up higher than designed, the water could not flow away from the building, trapping excessive water around the foundation. The grade was destroyed and the water found an easier path to flow.

Water and Other Lessons: Thistle Learn Ya

In most community associations, hand watering is allowed, but not the use of a soaker hose or hose/sprinkler, for three reasons: The association pays for the water and needs to control its use. If water is left running, flooding can occur, damaging landscape and buildings, resulting in additional expenses for residents. And, water is a precious natural resource and should not be wasted.

Verbal communication broke down. Residents in other buildings had planted beds along the front of their buildings at the preexisting ground level. The board tacitly had allowed these new beds to be installed because they were not causing damage and because they increased the curb appeal of the property.

In the second situation, however, if the residents had submitted a plan showing the height of the soil, the board would have reviewed it, talked it over with it landscape contractor or engineer and then disallowed it. The residents would have planted at ground level instead and would not have experienced the water damage to the units. Now, at additional cost, someone will have to return the level of the beds to the original grade. The residents' hard work and the costs of materials were wasted and they still have work to do to restore the bed to its original grade.

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