Most people assume that as soon as they buy their first home, they will finally  have the freedom to paint their decks purple, to hang fluorescent window  treatments and colorful sconces, or litter their lawns with political or yard  sale signs.  

 But that much freedom is rare, if not obsolete, if you live in a condo, a co-op,  a gated community or any other shared living space.  

 Most condo and homeowner associations have stringent guidelines regulating the  aesthetics of their communities. These can be as loosely defined or as detailed  as which type of siding and shutters homeowners may use, what paint colors are  allowed, what types of plantings and other landscaping or ornamentation are  permitted, and even what kind of mailbox owners can put out front.  

 It’s part of the territory of living in a community association, and the idea is  that a tidy, uniform, nothing-too-crazy appearance raises property values—and that anything that steps outside those parameters will put prospective  buyers off and may cause values in the area to plummet.  

 But these rules aren’t random, and breaking the rules isn’t an option if you want to live happily ever after in the home of your choosing.  However, there are ways to preserve your aesthetics and your creativity without  overstepping authority.  

 The Most Common Restrictions

 The rules vary depending on the type of building you’re living in but all condos and HOAs have some sort of restrictions ranging from  landscaping to color palettes, to acceptable design in doors and windows.  

 “Balconies are always the hardest thing that we deal with,” says Ian Gopin, president and CEO of G&G Management in Newton, Massachusetts. “What can be on them and what can’t be on them and to what extent you can have anything—down to flower pots, fish wire to keep the birds out, all of that—is a major bone of contention.”  

 Boards and residents frequently dispute exterior décor as well: painting trim, personalizing sconces or changing outdoor lighting  may seem like only minor adjustments in the eyes of the resident, but many  communities have rules against doing so.  

 Questions may also arise about windows and doors. “A case that we had this year dealt with sliding doors. All 27 units had sliding  doors and one resident wanted French doors but couldn’t; it changed the whole look of the association,” says Frank Lombardi, an attorney and a principal at the law firm of Goodman,  Shapiro & Lombardi, LLC in Providence, Rhode Island.  

 In Lombardi’s experience, most associations tend to be more lenient with landscaping,  allowing residents the freedom to go wild with flowers and shrubs, but that’s not always the case. “I've seen some associations that will fine residents if they replace a dead or  damaged shrub, even if it is the same kind,” he says.  

 Landscaping can become a contested point in communities in which residents have  a small yard or patio, says Ronald Brown, president of R. Brown Partners in  Boston. A 59 townhome community that he manages in Watertown, Massachusetts has  specific provisions about plantings in the rules and regulations: “Residents may plant flowers in mulch beds situated in front of their units. This  rule is subject to the following conditions: only flowers may be planted; no  flowers may be planted outside the mulch bed; no rosebushes, trees or shrubs  are allowed.”  

 Establishing Aesthetic Standards

 Depending on the property, the rules for aesthetic standards may have been  created when the property was established or have been added as a result of  unattractive habits or disagreement on how things should look.  

 “Generally, in the original condo docs that are created, there are not specific  items mentioned. A lot of our boards will have repeat offenders of different  things and you can’t fine someone if there are no rules or regulations,” says Gopin. “What we have been doing recently is a lot of our properties have been creating  rules and regulations that are then recorded at the registry and attached to  the condo docs and we go by that.” He adds that the creation of those limitations does not require a vote of the  entirety.  

 In Lombardi’s experience, the rules are in from the beginning. “The developer is selling this as uniformity. You will get issues of items that  the developer has missed in the original documents, you will get situations  where they will come back with architectural standards,” he says.  

 Brown also adds that, “in the trust documents very often, you will see something that will say ‘subject to the approval or discretion of the trustees,’ and that is the gray area where the trustees get involved.”  

 Let Freedom Ring?

 When buying into a condo or HOA community, some residents may feel like the  aesthetic standards and rules may be invading on their freedom to express  themselves as they choose—after all, it is their property, right? What about those First Amendment rights?  

 “It’s not so much about the first amendment right, it’s more of that the resident is subject to a contract and the contract was, you  live here and will have to follow certain rules,” says Lombardi. “The unit owner, when he or she buys at the closing the attorney has to explain  to them, ‘look, you’re taking property but the title to that property is subject to the covenants  and restrictions in the condominium declaration so you are beholden to those  even though you are buying the space’.”  

 He continues to say that even with homes, some of which may be in homeowners  associations, there may be restrictions that limit the size of the shed or  prohibit screen doors, for example.  

 “Unfortunately, you chose community living. When we have residents buying into a  community, we give them the condo docs and rules and regulations so that none  of [those expectations] are a surprise,” adds Gopin.  

 How New Rules Are Created

 Before purchasing your home in a multiple-family residence that has a  declaration, you sign a waiver at the closing stating that you understand what  you are doing, that you agree to abide by the documents and that you have read  all the papers and fully intend to comply.  

 But this doesn’t mean the rules are set in stone. They may be changed as the association sees  fit  

 “It really depends on what the association is doing. If you are doing maintenance  and it is a long-term maintenance, then some declarations may say that you don’t need to vote. Or if you are keeping it the same color, most of the time you  don’t need to pass it by residents. But if you are fully changing exterior  components, such as changing from wood to vinyl, then you need a vote of the  residents, and that can be tricky,” says Gopin.  

 He continues, “we are dealing with a lot of older buildings and the issue we are running into  is do you keep painting [the exterior] or do you try and replace whatever the  exterior is with a more reliable composite? What we are running into, and this  is more of a legal issue than cosmetic, is what changes can the association  make without having to have a majority vote.”  

 Ensuring Rules Compliance

 In one community, an owner moved into a townhome and proceeded to take out all  the landscaping in front of her unit—and replace it with her own. But the problem was that in townhomes, uniformity—even in landscaping—adds value. Additionally, the landscaping was on common ground and didn’t belong to the owner. The situation went to court, where the owner refused to  pay assessments because of her anger, and she was almost evicted before paying  in full. The errant landscaping, however, remained.  

 In this case—and in others—if there is a problem, the board needs to be careful to avoid a legal battle of  wills. The most common remedy is to establish a fine system, which will  penalize residents if they do not comply with the rules. “The fines should be reasonable. What we recommend is that a fine be established,  voted by the trustees and it has to be consistent. We recommend that the first  infraction is a warning. The second infraction ranges from $25 to $100. And  then in severity, beyond that,” suggests Brown.  

 Making Exceptions

 Other exceptions may be made for aesthetics which are grandfathered in, and  should be made on a case-by-case basis. “It’s like anything, when you pull the rule changing it from A to B, you have to  grandfather those people in. If you want ‘all future units must have French doors,’ the ones that are already built don’t have to change. But I would say that you need to get permission from everybody  to allow that grandfathering in, otherwise you will run into trouble,” says Lombardi.  

 “You have to conform with law. If a condominium association decides to revise  their rules and regulations, we put together their wish list and run it by an  attorney. It has to be consistent with any laws, any common laws and has to be  consistent with any condominium documents. In a condominium, the master deed  rules, so if there is something in the master deed that allows dogs, for  example, you can’t suddenly not allow dogs without an amendment to the master deed—which is a pretty high bar because it requires a vote of the majority of the  beneficial interest,” says Brown. “Of course, this should all be vetted by a condominium attorney.”  

 The easiest way to prevent a board or an association from getting into a legal  battle with an owner is to clearly explain the rules from the beginning. It’s important to remind everyone of why the boards are making these aesthetic  decisions. Most of them relate to improving the overall property value,  regardless of what style of homes comprise the community.   

 Danielle Braff is a freelance writer and a frequent contributor to New England  Condominium. Editorial Assistant Maggie Puniewska contributed to this article.