HOA ARC Committee failed to respond within 30 days

We had to remove a beautiful palm tree on our property that was causing sewage backup in our home. The tree was planted on top of the septic tank, therefore we paid $1,000.00 to have it removed and for a plumber to fix the issue.

Our HOA sent a letter requesting we re plant an 8 ft palm with 8 ft of where the other one was planted. We requested a hearing in April of 2013 and requested for a response within 30 days and we are just now hearing from the ARC committee in the month of October 2013 to get this issue resolved.

Do we as home owners have to be accountable now to the HOA even when they failed to give a written or oral response within 30 days?

I feel that the HOA should have to pay for the costs which we incurred. We are the second owners of that home.

We have lived there over 2 years and we have one of the nicest lawns in our neighborhood. None of this makes sense.

Please advise...

I agree.

It sounds like you had an ARC fall apart, they are now regrouping, and playing catch up OR you have some very SLOW people on your ARC. You need to review your declarations as to what your ARC's responsibility is to you, the homeowner. In my Association, our declarations state that if the ARC does not approve an application within XX number of days, the owner is to consider the application denied. But if the Association chooses to enforce anything at this point (like landscaping restrictions), they still may be within their right to do so based on the time frame.

The HOA is not going to be liable for your plumbing expenses or tree replacement. You own the property, not the HOA.

You also need to consider a few things- what is your county ordinance for tree removal? In my county, we can remove trees with a permit BUT we must replace the tree. It is part of the county's conservation effort. That is not to say our county would force us to plant a tree in an area that had already proved problematic. I think if you keep your approach calm and reasonable, explain the chain on events that necessitated the palm tree removal, explain that another tree on or around the septic tank is not going to work, then they will probably just say ok. IF the HOA demands you replant the palm and they know of the issues, then in that case the HOA could be held liable for any further damage.