Can the HOA make an owner plant a tree?

I am president of a relatively new homeowner controlled HOA.

Our 75 units (townhouses & semi-attached) were all built by the developer with a red maple tree on the front lawn.
Although there’s nothing in any of our documentation that says that the tree is required, most of the board members feel it is part of the “look” of our development.

The tree on one of our owner’s lot is dying. Since our board has to approve any exterior changes, we feel if the owner wants to replace the tree the board can require it be of the same type.

My question is.....what if the owner wants to remove the dead tree and NOT replace it?

Do you think the board could/should require that the owner replace the dead tree?

Are the grounds and landscaping part of the common elements or do these belong to the owner? Read your master deed carefully. If your HOA owns the tree it is association to remove the dying tree and replace it.

Sounds to me like your documents state the lawns and shrubbery are to be maintained and paid for by the association. If your not doing that, it appears your not following your declaration.

What would happen if the lawn or a big part of the lawn dyed?

Would the board be able to require the owner to replant the lawn?

Joseph

Based on what you posted I say the tree, shrubs, and the lawn are the responsibility of the association. I say your HOA should replace the dead tree.

Does your association maintain the trees, shrubs, lawns like in trim, cut, fertilize, etc.? That is how my HOA (standalone private homes on a deeded lot) operates. Our HOA does all outside landscaping thus we are responsible, not the owner. We are in the process of resodding parts of some lawns at the HOA's expense. Landscaping cost are 50% of our budget.

As aside. Each of our homes control their own sprinkler system. Last year (hot, dry summer) we had issues with some not watering their grass enough or at all. We sent a letter out informing people that while the HOA was responsible for normal wear and tear. Any damages due to lack of watering was the responsibility of the owner. Repair of such damage would be billed to the owner. Well we had such a wet spring and summer that this has not become an issue but it could have. Some on both sides of that issue were waiting....LOL

I have to agree with everyone else. Your docs are VERY clear that the maintenance of lawns and shrubberies is the HOA responsibility. Now, one could debate the definition of a shrubbery, perhaps asking Roger the Shrubber for some advice (Ni!), but if a tree dies and that tree is a "shrubbery", then it's the HOA's responsibility. If it's NOT a shrubbery, then the owner is still not responsible, since you have nothing stating that those trees are to be replaced at the expense of the owners.