Jupiter Bay Owners Had a Fair Election
Jupiter Bay owners made significant progress in assuring a fair 2020 election:
- The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business
& Professional Regulation appointed a monitor for the Association’s election.
- Due to concerns raised at the Association’s 7/31/20 Board Meeting, the Association’s president sent out,
on August 4th, revisions to the Members Meeting Second Notice. To conform to Florida Administrative Code 61B-23-0021(8), the
Board agreed to accept hand-delivered election documents at the Attorney’s office up until 10:30 a.m. on August 18th.
Finally, several months after we encouraged the Board to “Hold a Virtual Owners’
Meeting with Election”, they agreed to utilize our recommended Zoom video webinar approach,
which they announced in their Second Notice of 2020 Annual Members Meeting & Election dated July 17, 2020. This approach
was later ratified at their 7/31/20 Board Meeting.
Board Held Virtual Owners' Meeting with Election
There are various options for associations to hold annual owners’ meetings (as well as board meetings) during
the current COVID-19 pandemic. One of the most interesting and possibly the best solution is a virtual meeting. This option,
suggested by Florida Association News and Campbell Property Management, allows anyone to attend the meeting from anywhere
in the world within the comfort of their home, eliminating social distancing issues. Presenters and attendees may join the
meeting from any device including desktop, laptop, and mobile phone. This encourages more people to attend the meeting than
There are several software tools that provide video conferencing capability suitable for virtual
owners’ meetings, most notably Zoom and GoToMeeting. I will use Zoom Webinar to illustrate how the Association would
announce, conduct, and pay for a virtual owners’ meeting.
A Zoom video webinar can be set up in minutes and
requires no training. Zoom distinguishes between interactive video participants and meeting attendees/viewers. Zoom allows
for up to 100 interactive video participants and over 10,000 attendees. In our case the five Association board members would
be interactive video participants and the over 300 Association members would be attendees. Meeting invitations would adhere
to legal notice requirements, and owners would be instructed on how to attend the meeting by using their device (computer
or mobile phone) to link to an Internet address. Association members could be preregistered and given a URL to join the webinar,
where they would simply enter their name and email to join. They would not need their own Zoom account.
attending the meeting can share video (e.g., presentation slides) and talk at any point. Owner attendees can see and hear
the board members and request to be unmuted and allowed to speak during the meeting. Zoom has a robust set of industry-standard
security features such as AES 256-bit encryption to ensure that login information and webinar data is secure. Post meeting
reports will show who attended the meeting and will capture the webinar Q&A and any owner polling that was done.
Zoom video webinars come in different sizes depending on the number of attendees that are being hosted. The monthly price
for up to 500 webinar attendees is under $140 total including host and participant licenses. Zoom would provide an inexpensive
and attractive alternative to a face-to-face annual meeting and would allow the meeting to be scheduled as soon as possible
within the Statute’s 15-day minimum noticing requirements. Ballots for board candidate voting could be counted prior
to the meeting on the day of the meeting by an impartial committee of owners, per Florida statutes, with results presented
at the meeting.
Petitioning the Board
If unit owners within a condominium association feel
that the association’s board of directors is not being responsive in addressing their issue(s), they have a mechanism
to petition the Board to act. Members desiring to have one or more specific items of business addressed can, within rights
granted within Florida’s condominium statutes, force the Board to deal with the item(s) within a reasonable timeframe.
Florida statute 718.112(2)(c)1 says that “If 20
percent or more of the condominium association’s voting interests petition the board to address an item of business,
the board must place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose”.
Under either alternative, the item must be considered by the Board within 60 days of the receipt of a petition.
This assures that the Board discusses the item(s) included
within the petition at an open board meeting but does not guarantee that the Board will agree to the arguments presented or
conclusions reached within the petition. However, this mechanism provides one more important way for the association’s
membership to be heard and for the Board to be forced to present and discuss owner issues and concerns.
Exercise Your Right to Vote
All Jupiter Bay members
have the right to vote in an election, and the Association is obliged to make voting as easy as possible. Anyone requesting
a ballot should receive one, and requests for alternate mailing addresses should be honored. Since many owners will not attend
the annual meeting, particularly this year with the coronavirus threat, requested ballots need to be made available both before
and at the Annual Owners meeting.
According to Florida Statute 718.112(2)(d) and Florida Administrative Code 61B-23.0021,
the second Annual Meeting notice must be 1) hand delivered, 2) mailed (to the address last furnished to the association),
or 3) electronically transmitted to each unit owner not less than 14 days nor more than 34 days before the election. The annual
meeting notice must also be posted on the condominium property.
The second Annual Meeting notice mailing must consist
Annual Meeting notice and agenda.
Candidate information sheets.
A return (outer) envelope addressed to the person or entity authorized to receive the ballot. The exterior of the outer
envelope indicates the name of the voter, and the unit or unit numbers being voted, and it contains a signature space for
(inner) envelope to be completed and returned within the outer envelope.
A ballot containing, in alphabetical order by surname, the names
of the candidates running for the Board. This ballot is to be completed by the eligible voter and sealed within the inner
The second notice and
accompanying documents must not contain any communication by the board that endorses, disapproves, or otherwise comments on
any candidate. No ballot shall indicate which candidates are incumbents on the board. No write-in candidates are permitted.
No ballot shall provide a space for the signature of or any other means of identifying a voter.
Elections are decided
by a plurality of ballots cast. There is no quorum requirement; however, at least 20 percent of the eligible voters must cast
a ballot in order to have a valid election. A unit owner may not authorize any other person to vote his or her ballot. Ballots
are returned within the inner envelope, which is contained within the outer envelope. The inner envelope has no markings to
identify the owner, whereas the outer envelope contains the owner’s name, unit number and signature. Each inner envelope
shall contain only one ballot, but if a person is entitled to cast more than one ballot, the separate inner envelopes required
may be enclosed within a single outer envelope. Outer envelopes, containing the inner envelopes and ballots, shall either
be mailed or hand delivered to the association before or at the Annual Meeting. Upon receipt by the association, no ballot
may be rescinded or changed.
On election day, either immediately before or at the Annual Meeting, an impartial committee,
which cannot include current board members, officers and candidates for the board, verifies the outer envelope information
against the eligible owner roster, and the committee checks off the units that have voted. If the committee meets prior to
the Annual Meeting, the committee meeting must be noticed (posted) 48 hours in advance and must occur on the same day as the
As the first order of business at the Annual Meeting, ballots not yet cast are collected. Upon the commencement of
the opening and recording of the outer envelopes at the Owners Meeting, the polls are closed, and no more ballots are accepted.
The business of the meeting may continue during this process.
If the committee receives multiple outer envelopes for the same
unit or if the outer envelope is not signed, then the vote is marked “disregarded” and separated from the other
valid votes. Ballots for properly cast votes are placed in a receptacle. Once all outer envelopes have been opened and the
number of voting owners is tallied, the inner envelopes are opened, and the ballots are counted. If any inner envelope contains
more than one ballot, the ballots are disregarded and not counted. The impartial committee tallies and reports, to the Owners
Meeting Chairperson, the vote count for each candidate for ballots that have not been disregarded. All envelopes and ballots,
whether disregarded or not, shall be retained with the official records of the association.
Any irregularities or attemps
to limit voting in this election will be reported to the Department of Business & Professional Regulation (DBPR), Division
of Florida Condominiums, Timeshares & Mobile Homes. These could result in fines or penalities or necessitate voiding the
election and holding a second election.
Campbell Property Management Agreement
Florida Statute 718.111(12), defines Official Records, that must be made available to
Association members within 10 working days to avoid penalties, as including "A current copy of any management agreement".
Since very little information on the Association's Property Management Agreement with Campbell for the
operation, maintenance, and management of our Condominium Association was provided by the Board, I felt it important for Association
members to understand the deal made with Campbell and changes it will make to our community and lifestyle. Consequently, I
obtained a copy of this 24-page Agreement, and from this Agreement created a 3-page list of observations.
Attached is this list.
This Agreement between Jupiter Bay Condominium Association (Association)
and Campbell Property Management and Real Estate, Inc. (Agent) was approved on 11/7/19, effective on 11/11/19 and signed on
11/18/19. However, the Association’s Addendum refers to an effective date of 7/9/19.
2. The Agreement is for one year (11/1/19 through 10/31/20). It automatically renews each year for
an additional year but can be cancelled, without cause, by either party providing 30 days written notice.
3. The Agreement is for the Agent to provide consultation, advice, guidance and management for the
Association's common areas. Included are Administrative Services, Property Management Services, and Community Website Services.
Expressly excluded are Financial Services.
4. The exclusion of Financial Services is rather odd for two reasons:
would make the Association the only Agent-managed community (according to Agent) to do their own financials, and
b. Many of the listed excluded financial services need to be performed by Agent staff regardless of
what’s stated (e.g., budget input, invoice processing, coupon book issuing, collections, audit support, bookkeeper interface,
assumption is that, for the time being, the Association will remain on its own self-administered QuickBooks accounting system.)
All Association staff (receptionist, office administrator and
maintenance employees) at the inception of the Agreement were transferred to Agent’s payroll and became the Agent’s
employees. These employees can be transferred back upon termination of the Agreement.
6. Agent-provided employees, former Association employees (excluding those transferred to Agent at
start of Agreement), or employees presented for consideration, cannot be hired by Association within 12 months of Agreement
termination. Violation of this non-solicitation carries a penalty of 25% of the annual salary of the employee.
The Agent’s charge for Property Management Services is an
annual fee of $12,000 plus:
a. Payroll costs of 25% of gross wages of Management / Administrative personnel (excluding medical
insurance) – Estimated at $34,323 based on 2019 payroll. (Agent fees include 25% of the Property Manager’s wages.)
b. Payroll costs of 32% of gross wages of Maintenance / Janitorial personnel (excluding medical insurance)
– Estimated at $60,742 based on 2019 payroll.
Reimbursement for the employer’s contribution for employee
medical insurance (for those employees that choose to participate.)
8. Agent picks up the cost of Workers Comp Insurance ($10,330 in 2019) and Payroll Processing ($9,698
The Agreement lists several fees that the Agent receives, some
of which were Association income and charged to the condominium owner or renter:
Delinquency Notice fee of $5.00 charged to the owner and forwarded
to the Agent (this may not be allowed under Association bylaws).
Account Turnover to Attorney fee of $50.00 charged to the owner and forwarded to the Agent.
c. Application/transfer fees, applicable to West C Building, of $100 for sales and $75 for leases.
Applications to be entered online into Agent’s system, with fees transferred to Agent.
d. Estoppel fees related to the transfer or refinance of a unit to be paid to the Agent. (Per 2017 legislative changes,
Associations may charge up to $250 for the preparation and delivery of an estoppel certificate if no delinquent amounts are
owed to the Association; if delinquent amounts are owed, an additional fee of up to $150 may be charged.)
e. $1 per billing per owner collection fee ($359 total) for special assessments to be paid to Agent.
10. Agent provides a CAM-licensed Property Manager for 40 hours per week who receives support and supervision
from the Agent’s Regional Manager.
11. The Property Manager will assist the
Board in the development of reasonable and enforceable Rules and Regulations and assist the Board with the administration
and enforcement of them.
12. Agent does not
provide the following services: Landscaping, Architecture, Engineering, Traffic Engineering, or Security and is not responsible
for these service areas.
13. The Association website’s domain
(JupiterBayCondoAssoc.com) was transferred from the Register.Com website hosting service to the Agent’s hosting service
and their FRONTSTEPS Community Management software. The Association paid a one-time setup fee of $250 for this new website
service. Association office staff will be trained to maintain the website.
14. Upon Agreement termination, Agent will transfer back to the Association the following:
data in Agent's possession, custody and control including all financial data, official books and records, and all other Association
The Association’s website domain name.
c. All documents stored on the website to ensure that the termination of this Contract does not result
in unit owners not being able to access the Association's website or otherwise result in the Association not being in compliance
with the website requirements of Florida's Condominium Act.
15. It will be increasingly difficult and costly for the Association to terminate its agreement with
Agent and return to self-management or transfer to another property management company due to integration with the Agent’s
employees, website, work order system (ACT), payroll processing system, sale/transfer application system and procedures.
16. Agent will give the
Association all discounts, rebates or commissions provided by any supplier or service contractor with Agent or the Association
for any services, supplies or materials purchased with Association funds or otherwise used in connection with Agent's duties.
17. Agent agrees to maintain and provide
evidence of the following insurance coverages: Commercial General Liability, Commercial Automobile Liability, Workers Compensation,
Umbrella and Fidelity Bond; and Association agrees to maintain and provide evidence of the following coverages: Commercial
General Liability, Directors & Officers, Workers Compensation, and Umbrella.
18. Any controversy between Agent and Association arising out of this Contract, relating to the enforcement, construction,
and/or application of any provision of this Agreement are to be submitted to mediation prior to filing a lawsuit.
19. Charges may be updated annually with written notice provided to Association. In the event no notice is sent, the most recent list of noticed charges will remain in effect.
Jupiter Bay Under COVID-19 Restrictions
This is a difficult time for everyone including
all of us at Jupiter Bay. Our vacation-like lifestyle has changed dramatically over the past several weeks. Our restaurants,
beaches, parks, and Association recreational facilities are closed, and we are warned that we should only be leaving our condos
to address essential needs. When we leave, we are to observe social distancing, not touch our faces and wash our hands thoroughly
I hope that all my fellow Jupiter Bay residents are staying well and taking
advantage of these days of being quarantined to our condominiums. It’s a time to enjoy the view from our patios while
basking in these beautiful warm and sunny Florida days. It’s a time to enjoy reading a good book, watching a movie or
completing a project that we never seemed to find the time to work on.
many of us are wondering when our lives will return to normal. The latest word is that those days are at least a month away
and could be delayed until June. Until then, we need to adhere to the Florida State and Palm Beach County executive orders
and take all necessary measures to protect ourselves.
The good news is that essential
businesses are open including grocery stores, gas stations and restaurants. Also, we can enjoy outdoor activities, including
beaches and parks.
Adherence to FL Statutes
Licensed Florida Community Association Managers (CAMs) are responsible for assuring compliance with Florida statutes and
the Association’s governing documents. They are to advise the Board regarding legal requirements for conducting Association
If a Board is unfamiliar with regulations and provisions of Florida law, further assistance and
intervention by the licensed Property Manager may be required. These areas include Board Decisions, Proper Noticing and Official
Records. Here’s a summary of the requirements:
Board Decisions – All Board decisions must be made at a noticed board meeting open to all
Noticing – An amendment to rules regarding unit use MUST be noticed at least 14 days before the meeting.
Official Records – Most Association records are classified according to Florida
Statutes as “Official Records” and are available to all owners for review and copying.
Jupiter Bay Ends 2019 $67,046 (2.94%) over Budget
Here’s a brief summary of the Jupiter Bay Condominium Association’s 2019 financials. These are unaudited
results based on the Association Treasure’s December Financial Report. Auditor adjustments will be reflected in the
Annual Financial Report published in March 2020.
Excluding the $97,523 special assessment expenses for reserve transfers
($49,500 for the Twisted Tuna elevator and $48,023 to replenish Common Reserves), the Association ended 2019 $67,046 (2.94%)
over budget. This would have been higher if the $8,998 to replace an East elevator pump was charged to Elevator Repair instead
of East Reserves.
Major over-budgeted items for 2019 included:
(64.6%) – Common Repair & Maintenance
- $16,095 (6.2%) –
- $14,672 (41.9%) – Legal
- $11,194 (28.0%) – Elevator Repair
- $9,774 (2.9%) –
Despite having received $129,006 extra operating funds from the $226,529
Special Assessment, the Association ended the year with a negative $18,224 cash balance.
2019 Reserve expenditures,
including $123,058 for East painting, were $672,817. This left yearend Reserve funds at $1,949,861, $62,711 less than the
year’s starting balance of $2,012,572. The West F building is showing a $78,799 negative reserve balance for Building
Restoration/Spalling, which will probably need to be funded via a special assessment.
Regarding delinquencies, everyone
has paid their fourth quarter maintenance assessment, but ten owners did not pay any of their $631 special assessment by yearend.
Campbell Property Management Cost
As shown in the Campbell Management Agreement Summary (See Item #7), there are three components of the Campbell Property
- A $12,000 annual fee,
- 25% of gross Management & Administrative wages, and
of Maintenance & Janitorial wages.
For 2020, these costs are estimated at $12,000, $39,162 and $69,306 respectively.
The total of these three components is $120,468. This cost will be partly offset by the following paid by Campbell:
- Workers Compensation Insurance, and
- $10,416 - Payroll Processing.
This yields a total net annual cost
to the Association of $98,957 or $275.65 per owner.
To partly compensate for the extra $98,957 cost, the Association
terminated one maintenance employee and cut the salary of a second. The estimated impact of this staffing cost reduction is
$65,000, leaving a net cost difference of $33,957, or $94.59 per owner.
Twisted Tuna Restaurant Opening
On May 23, 2019 the Jupiter Bay Condominium Association signed a 25-year lease, with renewal options, with Tuna Family
Trust LLC to open a Twisted Tuna Restaurant on Association premises at 353 S. U.S. Highway 1, Jupiter, FL. The Twisted Tuna
founders, Kenny and Rachelle Gibbs and their son Billy Forbes, have completed demolition work and much of the renovations.
They are scheduled to open the new Restaurant on July 4th 2020. Remodeling is being done by Mel-Ry Construction, Interior
Design by Carey Design Group and Architecture services by Metro Architectural Group.
The restaurant will include a
sushi and raw bar, three full liquor bars, and a wide-ranging menu including Italian cuisine and seafood. It will be ADA compliant
and have an elevator for second floor banquet hall access.
Following is a restaurant opening announcement from the Palm
Beach Post and a summary of the Lease terms and conditions.
Jupiter Bay's 2020 Budget
Jupiter Bay's Board of Directors proposed a $2,459,104 budget for 2020 consisting of $1,915,843 of Operating
expense and $543,261 of Reserve contributions. This budget is a $178,820 increase over 2019. The increase (7.84%) is
the greatest in the past 11 years (see table in the Financial page of this website). This is on top of the recent largest
general special assessment ($631.00) in this same 11-year period.
Despite higher insurance, security and salary expenses, 2020 should have significantly reduced legal fees. (Legal
fees were $41,908 in 2017, $78,284 in 2018, and projected to be $48,031 in 2019.) Also, unlike the 2018 and 2019 budgets,
the 2020 budget does not have to incur a high percentage increase caused by the commencement of association-paid internet
expenses. Finally, the reserves for West building painting became fully funded in 2019, requiring no additional funding in
the 2020 budget.
The 2020 budget increase together with the special assessment gives this Board $405,294 ($178,820
+ $226,474) extra money to spend. Although a small amount of the special assessment was used to pay off fund balance shortages
from prior years, the vast majority (81.5%) is for current and planned expenditures. Note that according to our auditor, prior
year shortages, mostly from 2017, were $74,855, not the board's reported $94,336.74. The same auditor reported that last year
ended within 0.05% of budget.
All Association members should be concerned with these skyrocketing
increases in our cost of living in Jupiter Bay.
Jupiter Bay Ends 2018 within 0.05% of Budget
Despite extremely high ($78,284) legal fees, we ended 2018 within budget due to good budgeting,
tight expense management and significant reductions in other expense areas.
At the last (March 30,
2019) Jupiter Bay Owners Meeting, it was reported that the Association would end 2018 over budget by $10,099 (0.46%), primarily
due to legal fees associated with the restaurant litigation and tenant contract negotiations. However, the yearend 2018 Auditor’s
Report, received in April 2019, showed a negative budget variance (revenue minus expenses) of only $1,110, much lower than
This amount, together with a negative $73,745 fund balance carryover from 2017, yielded
a total overall Association shortfall of $74,855. With 359 owners the average impact is $208.51 per owner. However, the fund
balance deficit does not evenly impact the eight associations, with two associations (Plantation Villas and the East) having
positive fund balances and the remaining six associations owing between $10,204 and $20,116. These shortfalls will need to
be made up in future budgets and/or special assessments.
Unit Owner Keys
the convenience and growing popularity of keypad locks, over 30 Jupiter Bay homeowners have replaced their conventional entrance
door locks with keypads. This has caused an issue with the Association being unable to access many of these units
during the annual pest control treatment. Many of these locks were installed without notifying the office
or providing keys.
This episode has provoked a discussion among Board members as
to how this change in door locks relates to the Association's Unit Owner Key Rule #5, which says "For
pest control and emergency access, the Association must retain a pass-key to all units. Whenever an Owner or agent alters
any lock, or installs a new lock, the Unit Owner shall provide the Association with an additional key."
A notice posted
on the Jupiter Bay Condominium website reaffirms the Association's requirement to have a physical key for every condominium
unit. This, and the corresponding rule violation letter to various homeowners, was precipitated by an annual
pest control treatment during which the Association was unable to access over 30 condominium units that had keypad locks
installed. Most were installed without notifying the office or providing keys.
The notice cited Florida statute
718.111(5) which says that “The association has the irrevocable right of access to each unit during reasonable hours,
when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained
by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.”
This statute affirms the Association's "access rights" but does not provide a process or procedure for compliance.
It does not say that condo owners can decide on their own how they'll chose to comply with the statute - i.e.,
whether to give the Association a physical key, access code or other means of gaining entry to their unit. But it does
allow for Condo Associations to establish their own compliance rules and procedures.
already has a Rule #5 which says that “For pest control and emergency access, the Association must retain
a pass-key to all units. Whenever an Owner or agent alters any lock, or installs a new lock, the Unit Owner shall provide
the Association with an additional key.”
Jupiter Bay's Board has reviewed
and discussed this rule in light of the recent upgrading of many door locks to keypad units and has concluded that the Association
will continue to require physical keys. The primary reasons are as follows:
door locks, both conventional key locks and keypad locks, include a set of keys for gaining entry.
Access codes may change frequently, possibly for each rental period, causing an administrative
issue in obtaining, recording and protecting the most recent access code.
Access codes can be memorized and disclosed easily leading to unauthorized unit access.
Physical keys can be securely protected in a locked key-control safe in the Association
It's easier to administrate a single procedure applicable to all 359
For these reasons the Association will
continue to enforce Rule #5. Any owner who changes their lock and/or key without notifying the management office or
does not provide a new key is in violation of this rule and is subject to $100 per day (maximum of $1,000) fine.
In imposing this fine the Association must provide at least 14 days written notice and an opportunity for a hearing held
before a committee of other unit owners
Owner Access to Association Records
As described in the Ownership page of this website, the homeowners in Jupiter Bay own their
unit, and collectively they own the rest of the Association (each homeowner owns a fractional share of everything else).
The Association staff, vendors, maintenance supplies, and utility services are funded by the owners, and board members are
elected to represent and serve the owners.
The Association records
can inform the owners how their Association is structured, how it's being run and how their money is being spent. Likewise,
nearly all of the records of the association, whether financial or otherwise, are available to the homeowners.
Please reference the Communications page of this website for a listing of the Association's Official Records, which can be
viewed and/or copied by owners.
Landscaping is very important to the residents of Jupiter Bay because it contributes to
the attractiveness of the community, the value of their investments and the overall quality of life.
The condominium association is solely responsible for landscaping at Jupiter
Bay. This includes the trees, shrubs, flowers, lawns, mulch, irrigation systems and other landscaping items. Maintenance
responsibility for the property grounds requires the Association to assure that the overall appearance of the property is
preserved, as much as possible, as it was initially designed and built. This means that trees destroyed by hurricanes
or trees classified by the Florida Exotic Pest Plant Control Council as “nuisance and invasive exotic vegetation”
need to be replaced. It also means that shrubs, flowers and other landscaping throughout the community need to be maintained
and replaced as necessary to preserve the area’s attractiveness. Any landscaping improvements must be consistent
with the overall landscaping theme.
Most homeowners value the grounds adjacent to their condominium unit. In light of the Association’s
limited landscaping budget, some homeowners, particularly those owning first floor units, have independently contributed
to the beauty of our community by adding flowers, landscaping stones and other plants and materials to the areas adjacent
to their units. Some have funded the planting of memorial trees or shrubs or other special landscaping to beautify their
It has been suggested that all homeowners should be allowed to beautify the areas
in proximity to their condo unit. However, it is important that these landscaping enhancements are in compliance
with our condominium documents and are compatible with existing landscaping. The Association is obliged by its
condominium documents to prevent any changes that could be considered common area material alterations as defined in Sections
2.5, 6.1(c), and 6.2 of our Declaration. (Please reference the Alterations page of this website.) Also,
we must assure adherence to our Rule #44 which says “Owners who wish to contribute plants, materials,
funds, or labor to common element landscaping areas/projects must receive approval from the Association”.