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BillM6
(South Carolina)
Posts:10
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| 07/25/2008 1:42 PM |
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In our HOA, you can not remove a tree if it is over a certain size, without requesting an OK from our architectural review board. One lot owner cleared many from his back yard recently without getting the necessary approval; and he refuses to ask for approval after the fact. He says something along the lines of 'it's my yard, they are my trees, the HOA has no business being in someone's back yard.'
How have those of you on this forum handled similar situations? We can't fine him until they grow back, we don't necessarily want to make him plant new trees. The damage is done, but we think he needs to understand that he can't just get away with whatever he wants. Next thing you know he'll be building a structure in his newly cleared yard and won't ask about that either.
The tree removal has our Board a little confused about what is an appropriate response from the HOA. We don't have any guidlines already adopted to address such a thing. so I wanted to see if you have had any similar situations. |
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MicheleD
(Kentucky)
Posts:1866
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| 07/25/2008 2:01 PM |
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What do you mean you can't fine him "until they grow back"?
I would issue the violation notice, politely REMIND HIM OF THE CC&Rs HE AGREED TO FOLLOW that are attached to his deed, and then, if he doesn't replace them or file the appropriate paperwork, have an attorney send a compliance letter.
Here's the thing, people are probably convinced all the board is is a bunch of paper tigers running around with no potency.
That is simply not true. CC&Rs CAN be enforced and courts uphold HOAs who seek compliance.
We've never had the tree issue, though.
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HaroldS
(Arizona)
Posts:904
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| 07/25/2008 2:15 PM |
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| Do your documents actually control vegetation in the back yards? |
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KirkW1
(Texas)
Posts:1190
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| 07/25/2008 2:19 PM |
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I think you should notify him that he needs to send in paperwork for a replanting plan. If you want to push the issue, then you must force him to replant. I seriously doubt that any court would hold for damages if you say, "Well we would approve the plan, but want him to at least ask us." Then the the question will be "what are the damages?"
If you wish to enforce the rules, then you must in fact enforce the rules. And if you have no intention of making him replace trees, then you really have a quite limited claim that he should have requested permission first.
From where I sit, you seem to be upset because he didn't play the "mommy may I?" game as you wish. But if you have no intention to restrict the removal of the trees, then you should just let the matter drop.
You should be looking out for the neighborhood. Wholesale removal of trees will lower the overall property value of your neighborhood. On the flip side, refusal to allow any removal can also damage the values of the neighborhood. I would look to make him perform some sort of remediation in the form of landscape improvement. |
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SusanW1
(Michigan)
Posts:2316
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| 07/25/2008 2:35 PM |
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Heck - in our township you can't remove a tree if it is a over a certain diameter without a permit.
WHY were the trees removed?
The Board needs to request an Executive Session meeting with him ASAP.
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PeterB1
(Florida)
Posts:70
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| 07/26/2008 1:17 PM |
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From your description, he clearly did "get away with whatever he wants." If you fail to act, then you have set a precedent - do what you want, the Board won't act.
I would consider a fine or a requirement to plant new trees (if there is a minimum size in your ARB rules). Does the town have regulations that he violated?
If you ignore the situation, the Board loses effectiveness! |
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GeorgerwilliamsW
(Indiana)
Posts:768
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| 07/26/2008 1:51 PM |
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Bill,
I understand and share your frustration. The only recourse we have is filing a court case and that is expensive. So only the most serious violations are addressed.
The guidance I would offer you is to pursue sanctions only if there is demonstrable damage to the community done by the removal of the trees. If it is simply a case of a homeowners flaunting the authority of the board, I would caution you from taking any action.
I think the board needs to take the high road, and not go looking for a fight. Moral suasion may be more valuable in the long run than the exercise of power.
Maybe censure is all that is needed or called for.
The first question I would ask is, "Had the homeowner sought permission prior to taking action, would he have been given permission?" If not, would he be allowed to remove some, but not all trees?
The second question I would ask is, "Has removal of the trees done any harm to property values or the enjoyment of other property owners?" If the removed trees are not visible from the front, the damage may be slight.
And the last question would be, "Have any other homeowners filed a written complaint, or is this just a looming battle between the board and the homeowner?"
Hope this helps. Others may have some additional thoughts as well.
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