How do HOAs enforce for tree-removal violations?

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.

Do your documents actually control vegetation in the back yards?

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.

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.