Common Area Trees

We live in a 12 home private subdivision with a HOA that was formed the year we moved in (4 years ago). Two builders bought all the lots and did form an active association. The main entrance street is lined with trees which were required by the city. One homeowner became obsessed with 12 Swedish Aspen trees in the swales by 4 of the home that border the street.
He dd not like the few suckers that would periodically sprout in his yard. The other homeowners simply cut them with the mower or spray with "Weeds-Be-Gone" which works and does not damage the tree roots. When I was President two years ago he tried to talk me into cutting the trees down (all 12, not just the 3 in his swale. I informed him that we could not just cut them down.
By the way, all the trees belong to the Association. Well, in May, he was successful in persuading the then President to go ahead an cut the 3 trees in his swale and 1 in the adjoining swale. CC&R's require a vote of 2/3 of members for any alterations to the common area (which we found out later). Two other homeowners joined and helped pay to cut the trees.

I was secretary at that time and urged him to have a Board Meeting for review and then a full membership meeting to discuss and approve. Well, he blew me off and the trees were cut down. In addition, at the annual meeting the president called for a vote to cut the rest of the trees which he announced that the vote carried. I intervened prior to cutting the other 8 trees and was successful in saving them. My question to others, have you ever been involved with a homeowner(s) that want trees cut down in the common areas. Our association has become divided between those that are trying to remove the trees and those that want them to stay. We don't have the funds to replace them and loss of the trees will devalue our property.

Dorothy Jones
Hayden, Idaho

Neither side is wrong? I disagree. The board president that is failing to follow the CC&Rs as they pertain to obtaining a vote to make common area alterations is clearly wrong.

If it requires 2/3 vote of the members, 12 of those people permitted to vote in such elections must return ballots in favor of that specific action. Of the owners, it is likely that your documents require that ONE person per unit be designated as the voting representative. i.e. husband or wife must be "approved" to vote and only they may vote, not whichever one has the benefit of convenience. I'm guessing your board isn't doing that, either.

Your documents also should state the process for something like that coming to a vote.
Typically, if it's an idea of the board, the board can decide to hold a vote.
If it's something that a non-board member of the association wants to do, they would need to petition the board with X number of signatures from other owners to compel the board to have a vote on the matter.

It sounds like the board needs to read through the documents. It's really not that hard.
"I want to cut trees in common areas down"
flip to the index, look for anything referring to common areas, "...requires 2/3 vote of the members..." ok, what are the voting rules, or how does a vote come about... another section, etc...

The other issue here is that some jurisdictions (county or city) require the HOA to get permission to remove trees.

I highly doubt that a 2/3 majority vote is required to MAINTAIN the common areas. I would be willing to bet that maintenance is included as one of the reasons for the HOA's very existence. Dead trees, same thing, but you can throw safety into the mix since a standing dead tree will eventually be a lying down dead tree.

Replacing a 40 foot tall tree because it produces suckers is, frankly, idiotic. That's not a "maintenance matter". There are a handful of trees. Snip-snip. Suckers gone for a while, or treat them and they're gone for longer. Someone that wants to remove trees of that size for that reason should probably live in the middle of a cornfield.

Oops...sorry... Idaho... should that be a potato field instead?