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Community Garden Tenant Rights?

garden: Calla LiliesI live in a apartment which I bought, but it is lease hold. It comes with a community garden which we all pay for. The community charges for the upkeep. We are in loggerheads with the managing agent of the apartments about what plants we can put in it. Do we have any rights on the gardens as we pay for the gardner?

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Bronze Answer Medal for All Time! 220 Answers
July 22, 20150 found this helpful

Unfortunately, your problem is common for community gardens, walk ways, etc. Much depends upon how the actual original legal agreement is worded, for uses of the garden area (if there is one!) and if there have been later changes to the agreement.

The ultimate here goal is to find middle ground for all to agree and complete a current contract for current and future garden plans. Hopefully, you all can develop a contract that you can live with now and in the future.

1. If there is a current agreement or contract, is there specific language about the rights of the owner/tenant & management/owner? If so, both parties are bound by the specific language.

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2. If there is a current agreement/contract and you want to change or update, all parties must decide upon any changes and additions to the contract. The updated current agreement or contract must be signed by all affected parties.
3. If there is no current agreement or contract, the best plan is to meet with all parties and come to an agreement for use of the garden area and any other areas you want to address. This may be difficult as you already have a conflict on garden plant choices.
4. If you cannot come to an agreement now, you may need to request legal intervention to solve the problem for all parties. Obviously, this can be expensive.

Good Luck!

 

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