Tree Removal

We have made a request to our HOA to allow us to remove a tree from our front yard. This tree has cost us several thousand dollars over the last few years in plumbing bills as the roots have gotten into our sewer and water lines. The board responded that we must plant a "suitable replacement" tree in order for our request to be granted. We have several neighbors on our cul-de-sac who have requested tree removal and their requests were granted with no condition of tree replacement. We live on a patio home so our front yards are very small and we fear that planting another tree will just cause us the same problems.

Can I remove this tree even though I do not plan on replacing it as the board requires?

If your covenants allow slow the Board to make rules or perhaps architectural guidelines about such matters as what may/may nt be in front years, then your want to read the rules or ARC guidelines.

There are trees with non-invasive roots. Crepe Myrtle comes to mind as one of them.

The document states THAT IN NO CASE SHALL A TREE WITH A DIAMETER OF 4 INCHES OR MORE BE REMOVED WITHOUT THE APPROVAL OF THE ARB(Architectural Review Board). None of our neighbors(5 or 6) that have had trees removed been required to replace them. We feel the ARB set a precedent over the years with no tree replacement required, but apparently now that has been changed,

Is "the document" in the recorded covenants or not?

If what you quoted is in the covenants, violating this covenant is a big legal deal. If what you quoted is not in the covenants, then you might actually be free to remove the tree without facing any liability.

Furthermore, if this is all the covenants say on this subject, then the ARB does not have the legal authority to require you to replace the tree.

Lastly, given the damage the tree is doing, removing it is by far the very best option. Do not believe that bullsht-t about dumping certain poisons down the drain. You know the situation best. Take the tree out. Period.

The HOA is on very thin ice refusing you all approval when time is at least somewhat of the essence.

Answer the question above, and I can you better advice.

The document from which I posted the quote regarding tree removal is from a document named Covenants of Shoal Creek. It does not state replacement of a tree anywhere in the document.
The email interaction I am having is from the HOA, no person has signed any of the emails.

Excellent.

The courts recognize covenants to be contractual terms. Hear me? You and all the owners have a contract between yourselves and the HOA corporation. The terms of the contract are what are given in the covenants. The board cannot enforce a contractual term that does not exist. In this case, there is no requirement to replace the tree.

"Covenants" here have the meaning in both the bible (binding one to another) and in contract law.

Don't let any chucklehead director say "We-ellll, in my infinite wisdom as a neighbor with forty years riding a desk as a VP of the Acme corporation, this is ju-ust common sense. Ya gotta put in another tree. We are the board. We say so. End of discussion."

Wrong. The contract (covenants) is (are) everything. Ignore all chuckleheads. Get the approval. On the paperwork, cross out the part about replacing the tree. Sign. Keep a copy for yourself. Take out the tree.

If and when the HOA fines you, post back.

I am expert at tree roots. That includes having acquaintances where the roots lifted the foundation of a home costing $100,000 f of damage in 2014 dollars. Plus acquaintances where the sewer lines backed up to the tune of an inch of sewage in the living room. Imagine.

I've been trying to learn with whom Daniel's communicating, who told him he must replace the tree-- and he. does not seem to know, Kelly. He wrote: "The email interaction I am having is from the HOA, no person has signed any of the emails." I guess my next question is, Daniel, to whom are the emails addressed that you send to "the HOA?" What I'm trying to get at is: what kind of authority the email sender does or does not have???

I also want to return to your covenants, which state: " IN NO CASE SHALL A TREE WITH A DIAMETER OF 4 INCHES OR MORE BE REMOVED WITHOUT THE APPROVAL OF THE ARB(Architectural Review Board)." This should mean that somewhere in your covenants, the HOA has the authority to (or even "must") create an ARB, right? Do the covenants go on to say that the ARB can make rules about the exterior appearance of fronts of homes, yards, etc.?

And if so, does the ARB have its own written guidelines, which MIGHT say something like: if approval is given to remove a tree, it must be replaced....???

If it were me, I'd follow Wendy's advice. Life's too short, etc. ...

There are trees that do not have invasive root systems. I would look at options first.
What trees are recommended by your governing documents?

That is exactly what I have done.

I appreciate all the good advice I have received over a very short period of time. I have contacted an attorney and see where it goes from here. A worse case scenario is that we have to plant another tree that certainly will be smaller and non invasive, I'm not fond of that choice but if we need to do that to rid ourselves of the existing tree so be it.