HOA asking to remove plants from back yard

Started by SimonaG • 9 replies • 5231 views

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SimonaG (Maryland)
Posts: 3

Posted:

Hi,

I just received a letter from our HOA informing that it's time to fix/upgrade the fence that runs around the association. In the letter, it states that all homeowners are supposed to remove all the plants that are within 3-5 feet of the wall. I have 6 bushes in my backyard that are next to the fence, they are 10+ years old and I would be EXTREMELY upset if we had to remove them. One of the reasons why we bought the house was the landscaping and now we'd be left with just a plain wall to look at. Also, am I really supposed to keep pretty much 1/3 of my back yard plantless, because of possible repair works in the future? I was just going to plant some trees along that wall, would I have to remove them in the future as well?
Can HOA really enforce this kind of regulation to essentially my back yard? Is there anything I can do?
Any suggestions/opinions would be really appreciated!

Simona

KevinK7 (Florida)
Posts: 1,343

Posted:

Do they want them removed so they can work on the fence/wall?

Could you trim back the bushes on the wall side to allow for work to be done?

SimonaG (Maryland)
Posts: 3

Posted:

Yes, it's basically so that the contractors could access the fence. Unfortunately, I wouldn't be able to trim them to the necessary "3-5 feet" away from the wall, since the bushes are planted around 1-1.5 foot from the fence and are leaning towards it. Very unfortunate indeed.
I am at a complete loss. There was no mention of any works on the fence in the last HOA meeting and all of a sudden I (and, I'm assuming, everybody else) get this letter telling me to remove pretty much most of the plants from my back yard. Who exactly made this call? Who are the contractors? Wasn't there supposed to be some sort of a discussion, especially with the homeowners that have the fence on their properties? The next HOA meeting is in over two weeks and "the fence project will be discussed then". If it is going to be discussed then, why are we getting ultimatums ("if the plants are not removed by then and then, we will have them removed and send you the bill") about removing plants now?
This whole situation is extremely frustrating and baffling at the same time. I really feel like my back yard has just been seized by the HOA without me having even a chance to have a say about any of this.

RayC4 (Virginia)
Posts: 173

Posted:

What do your governing documents say about 'landscaping', etc?

JonD1
Posts: 2,350

Posted:

Do you live in a condo, single family home, or townhouse?

Is your yard your property or limited common property?

If the fence is to be removed how else can they do this work without the removal of these bushes?

Sounds to me like this might be a project you have to cooperate with.

SimonaG (Maryland)
Posts: 3

Posted:

This is a single family house and our yard is our private property. The fence is concrete and will not be removed, from what I understand, it will be mostly about fixing the cracks, repainting it and such. Whereas I understand the need to fix the fence (its looks could certainly be improved, but structurally it would be fine for at least another 15 years. That's what was actually said in a study conducted in 2011), I am not very happy with how strict and uncompromising the HOA seems to be about the whole process. Furthermore, there is absolutely nothing regarding the fence or landscaping in the HOA rules. There are no rules regarding lanscaping that would apply to this particular case. The only landscaping issues cvered are "sight distance at intersections" and the rule that trees over 3'' in diameteter can only be removed by non-owner with the approval of the Board of Directors. The surrounding fencing (on contrary to fencing inside the yards) itself is not even mentioned in the rules!

GlenL (Ohio)
Posts: 5,491

Posted:

Simona just how is the fence supposed to last another 15 years if its not maintained? And how can they maintain it if they cannot access it? Yes they could possibly work around the shrubs but that would increase the cost X however many homes they had to do it. Not to mention root damage from items planted too close to the wall.

Studies show that 5 out of 4 people have problems with fractions

NancyG3 (North Carolina)
Posts: 342

Posted:

You need to find out legally where you stand. Check your lot plat. Are there setbacks from the property lines. Is the wall in a common area or in a landscape easement? Ask your local government engineers what the laws are. Another place to check your Covenants is under easement work. If the bushes are in any of these you may have to remove them. It's like planting bushes around electrical boxes which are in an easement. If there's a problem the electrical company has the right to remove the bushes. I sugggest you write your Board and ask under what Covenant they are requesting you to remove the bushes. Then write them and ask if you can trim (or tie) the bushes back from the wall so the workers will have enough room to work. Ask your neighbors how they feel and work with them to face the Board. It's difficult to deal with this alone.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I believe the HOA can ask you to remove your bushes if it interferes with common property. That common property is the wall. There is an "EASEMENT" that needs to be observed. I know most cities I have ever lived in has a 3 foot easement on my front yard beyond the street. So if I had put up a fence in my front yard along the street to block out noise/view, the city could take it down if they had to do sewer work.

Be glad they are asking you to move or remove the plants. Technically, they could have just come in and removed them themselves. Which at this point it's better you try to transplant them if possible. Otherwise you can expect the HOA's hired contractor to remove or damage them as they do their work.

There is no "glass bubble" around a HOA that means you are not subject to reality. The reality here is that a new fence has to go up and your plants are in the way. We just had a tree trimming crew come through our area (non-HOA) because they have a program with the utilities department. People lost trees or their trees were left in snaggled conditions due to them having limbs interfering with the power lines. So life is just tough all over.

Former HOA President

CarolR11 (Colorado)
Posts: 2,563

Posted:

Can you describe this concrete fence in a little more detail, Simona? It sounds like a wall. What's its height? Is it made out of concrete blocks, or?

Glen's point about root damage to the wall is a good one. Our HOA had to remove what had become a huge tree from a common area brick planter because its root system was threatening the structural integrity of the planter. A couple of owners were very upset because the tree provided them with both shade and privacy. The tree was replaced with two fast-growing plants & two years later these units have privacy & shade once again.

You're probably stuck with the Board's decision since a major aspect of any HOA board's work is to protect the common elements. I know how attached folks can become to their plants. You might want to replace them with mature (I know = $$) plants or trees planted much further away from the wall. Another option that I've seen on a relative's back yard concrete wall, which is only about 15 ft. from their back sliders, was they had a beautiful mural painted on it to hide the drabness of the wall. Be aware, though, that you'd probably need HOA approval, via its architectural committee or the board itself, to paint such a mural.

These are questions that you & your neighbors can ask at the meeting about this upcoming project. Meantime, if like CA law, you should be able to review the executed contract with the vendor who's doing the fence/wall work with your written request to your Board or property mgr.

Your board may have interviewed 2-3 vendors for this project and in CA, anyway, such contracts in formation may be done in executive session.

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