I got a letter from my HOA today

GregR6 (Florida)
Posts: 7

Posted:

They (tMB) are telling me that I have to replace the tree in my front yard because it is not on the "approved tree list." There is a list where we cannot plant any tree besides the few that are on the HOA list, but this tree was planted when we bought the house a few years ago and it was a gift my grandmother gave me. She bought it for our new house when we moved in and she passed away 6 months ago. This tree means so much to me and I don't want to take it down. Is there any legal way I can keep this tree without paying any penalties? I am in so much mourning right now.

ThomasH9 (Missouri)
Posts: 5

Posted:

Wow Greg, that's really tough. I'm sorry to hear about the problems you're having with your HOA. It's too bad that they weren't doing there job when the tree was planted, otherwise you' could have been saved from this sad situation.

Sometimes the rules seem silly, but if the tree doesn't fit in with the other landscaping that tree can grow up to be a real eyesore.

How large is the tree now? Is it possible you could chop it down and use the wood to build something to memorialize your grandmother? Maybe you could have it made into some nice lawn furniture? Just check the bylaws concerning lawn furniture placement and design as wouldn't want to relive this same feeling come summer,

ThomasH9 (Missouri)
Posts: 5

Posted:

No, the pillars of life are rules and the enforcement of those rules. This situation is unfortunate, but if the tree violates the HOA rules he doesn't really have a choice. He can be upset at the HOA, but he signed the agreement and has to live by it. A lot of problems could have been avoided if his grandmother would have simply consulted the HOA bylaws before buying them a tree.

GregR6 (Florida)
Posts: 7

Posted:

My grandmother bought us the tree when she became sick and was put into an intensive care facility for the remainder of her life. She didn't know about the HOA rule. I just want to keep this tree, is there any legal way around the HOA law?

RichardP13 (California)
Posts: 1,767

Posted:

Quote:

Posted By ThomasH9 on 01/23/2014 6:28 PM
No, the pillars of life are rules and the enforcement of those rules. This situation is unfortunate, but if the tree violates the HOA rules he doesn't really have a choice. He can be upset at the HOA, but he signed the agreement and has to live by it. A lot of problems could have been avoided if his grandmother would have simply consulted the HOA bylaws before buying them a tree.

Sorry, Thomas, but the information would have come from the CCRs, Rules and Regulations or Architectural Guidelines, never the Bylaws, and why in hell would the grandmother ever consult her grandson's Bylaws to see what type of gift to give him. Someone is a few cards short of a full deck.

AaronB2 (Massachusetts)
Posts: 10

Posted:

Quote:

Posted By RichardP13 on 01/23/2014 6:56 PM

Posted By ThomasH9 on 01/23/2014 6:28 PM
No, the pillars of life are rules and the enforcement of those rules. This situation is unfortunate, but if the tree violates the HOA rules he doesn't really have a choice. He can be upset at the HOA, but he signed the agreement and has to live by it. A lot of problems could have been avoided if his grandmother would have simply consulted the HOA bylaws before buying them a tree.

Sorry, Thomas, but the information would have come from the CCRs, Rules and Regulations or Architectural Guidelines, never the Bylaws, and why in hell would the grandmother ever consult her grandson's Bylaws to see what type of gift to give him. Someone is a few cards short of a full deck.

Was just going to post the exact same thing. Have some respect for Grandma.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Greg,

Respond to the letter, politely, and explain that the tree was a gift from your grandmother and was planted x years ago. Explain that you are willing to comply with the guidelines but since it has been so long, ask if it's possible that the tree be added to the approved list.

If it is denied, at least you tried.

HootieB (Georgia)
Posts: 4

Posted:

What a beautiful gift given to you by your grandmother! It appears to me, unfortunately, that the tree will simply have to be cut down. Your emotional ties to a tree in violation of a bylaw are insignificant to your community and your HOA. The greater good of the community will ALWAYS take precedent over the wants/preferences of an individual. The bylaws are written to be followed. You will adhere to those bylaws or you will feel the repercussions. Punishment will be handed down justly and swiftly if a resident does not fall in line with the bylaws of their HOA. If you fight, you WILL lose.

CarolR11 (Colorado)
Posts: 2,563

Posted:

What the. …? Is this for real ??? surely the word "grandma," doesn't obliterate all rules, etc.???!! Will we really ever her for "Greg" again?

GregR6 (Florida)
Posts: 7

Posted:

I'm right here. I just think it's wrong for the HOA to not have any respect for my grandmother's gift.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It's likely not that they aren't respecting the gift you received. The Board is simply doing what it is required to do and complying with your governing documents.

In reality, regardless of the tree being a gift, you should have checked your Associations governing documents (the rules you agreed to comply with when you purchased your property) prior to planting the tree to see if you needed to obtain prior approval or if there were any rules/regs that would prevent you from planting the tree.

I'm sorry for your loss. I'm sure that being told to remove what is a memory of your grandmother doesn't help your grieving process.

Have you contacted your Board as I suggested?

Perhaps, depending on the type of tree, you can have an Arborist make a cutting and you can have the tree planted in a container and kept in your home. Perhaps you can donate the tree to a local park. I'm just trying to provide options.

ThomasB8 (Texas)
Posts: 1

Posted:

Yeesh, what a tough situation. The only problem with your board making an exception, is the aftermath that could come. Your situation might be different, but other members will surely make similar excuses as to why they are in violations of other codes/regulations.

Maybe plead with your director for a vote from all board members on whether to allow you to keep the tree or not? That might open a whole new can of worms as well though.

You might not have any options. If the tree is small enough, maybe transport the tree to a family member's property so that you can still enjoy the gift, albeit not on your property, it is certainly better than just doing away with it.

SusanM23 (South Carolina)
Posts: 18

Posted:

If the tree is not expected to get too large, perhaps they'd let you transplant it to your back yard? Worth a try.

GeoM (Missouri)
Posts: 28

Posted:

Greg uses the word "replace". Are they requiring you to put one on the Accepted List in its place? Might it still be small enough to put in a container on your patio? I have seen some very large containers and the tree would not be "planted" as such, but also could provide nice shade at the same time. Such containers also restrict the roots growth, thus the tree size.

BanksS
Posts: 403

Posted:

For you late comers to the site this is an interesting discussion but I don't believe its legit. A while back the site was bombarded with bogus posts that started off pretty benign then got more and more bizarre and even sexual. The moderator deleted most of them. This one is still out there but I think the poster was playing games.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Banks is right. I noticed earlier this morning that the thread was reactivated to post spam and reported the spam. It appears that the moderator deleted the spam but the thread, due to the reactivation, got back on page 1.

AnnH6 (Florida)
Posts: 27

Posted:

It is my understanding that HOAs can not deny a homeowner the right to employ Florida Friendly Landscaping. Chapter 373.185 of the Florida Statutes: A deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision of part II of this chapter or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of this chapter.

If your tree is "Florida Friendly" then it doesn't seem that your HOA could prevent you from planting it.

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By AnnH6 on 02/18/2014 4:30 PM
It is my understanding that HOAs can not deny a homeowner the right to employ Florida Friendly Landscaping. Chapter 373.185 of the Florida Statutes: A deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision of part II of this chapter or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of this chapter.

If your tree is "Florida Friendly" then it doesn't seem that your HOA could prevent you from planting it.

They can't deny but can surely regulate.

You must still obtain permission and depending on your board may be required to prove that your plan is within the established guidelines (U of F for example).

Sadly the insertion of your sentimental issues has no bearing in the 'eyes of the law'.

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By AnnH6 on 02/18/2014 4:30 PM
It is my understanding that HOAs can not deny a homeowner the right to employ Florida Friendly Landscaping. Chapter 373.185 of the Florida Statutes: A deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision of part II of this chapter or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of this chapter.

If your tree is "Florida Friendly" then it doesn't seem that your HOA could prevent you from planting it.

Maybe not. But your docs may allow them to tell WHERE you can (or can't).

AnnH6 (Florida)
Posts: 27

Posted:

Quote:

Posted By PeterD3 on 02/18/2014 5:13 PM

Posted By AnnH6 on 02/18/2014 4:30 PM
It is my understanding that HOAs can not deny a homeowner the right to employ Florida Friendly Landscaping. Chapter 373.185 of the Florida Statutes: A deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision of part II of this chapter or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of this chapter.

If your tree is "Florida Friendly" then it doesn't seem that your HOA could prevent you from planting it.

They can't deny but can surely regulate.

You must still obtain permission and depending on your board may be required to prove that your plan is within the established guidelines (U of F for example).

Sadly the insertion of your sentimental issues has no bearing in the 'eyes of the law'.

Our Association has had this issue come up several times. What we have learned is that the deed restrictions can not go against the statute. It is difficult to "regulate" something that is already permissible by statute. I have no sentimental interest in the matter.

MonicaP (Colorado)
Posts: 12

Posted:

In colorado the law states that if an HOA has not noticed the violation
within 12 months ( 1 year), than no violation has occured.
You would get to keep your tree. see CRS38-3.3-123(2). You might
have this same state law i your state.