Tree Removal Rules

Started by ChrisC11 • 10 replies • 3143 views

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ChrisC11 (South Carolina)
Posts: 11

Posted:

Hi all,

In the wake of this week's damaging ice storm here in SC , a number of our community members are pushing to have the rules regarding tree removal broadened considerably. At present, our regulations state that pine trees of 8 inches in diameter or greater must have ARB approval to be removed. In the case of hardwoods, it's 4 inches in diameter. Since the pine trees were the most heavily damaged and also caused the most damage during the storm, some homeowners now want the right to unilaterally take down all the pine trees on their property, without ARB approval. As a member of the ARB and BOD, I will be involved in making the decisions on this issue.
I would welcome any input from other HOAs regarding how they have handled this issue. I can tell you, after 4 years on the ARB, that, in general, people want the right to cut down their own trees as they see fit, but don't want to allow their neighbors to do the same, because they will destroy the aesthetic of the community.

Any thoughts or suggestions would be greatly appreciated. Thanks...

TimB4 (Tennessee)
Posts: 21,059

Posted:

Our Association, like many others, require prior approval before there is any exterior change (which includes the planting/removing of trees). This requirement is in the CC&Rs, therefore it must be complied with.

However, we also realize that the property belongs to the individual and, unless there is some concern raised by a neighbor, it's just a formality and we basically rubber stamp approval on the planting or removing of trees. The only condition we put on the removal is that the stump must be ground down and top soil added to make the area level with the existing topography. Then sod or seed is required to finish the job.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I say allow them to remove the pine trees. They are not good trees for the long term. They get infected and have no strong root system. I would suggest if you all remove, then find a better tree replacement option. There should be some good tree or professional gardeners in your area to recommend. I would avoid Bradfords as well.

You can still have trees but plant those types that grow smaller and are easier to maintain.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Chris

I know those tall swaying, breaking pine trees here in SC are a pain in the backside. After my first tropical storm in SC, I had the ones close to my house removed. Our BOD was rubber stamping requests to remove.

I say keep the restrictions but be very liberal on granting permission to remove them.

AnnH6 (Florida)
Posts: 27

Posted:

Quote:

Posted By ChrisC11 on 02/16/2014 5:26 PM
Hi all,

In the wake of this week's damaging ice storm here in SC , a number of our community members are pushing to have the rules regarding tree removal broadened considerably. At present, our regulations state that pine trees of 8 inches in diameter or greater must have ARB approval to be removed. In the case of hardwoods, it's 4 inches in diameter. Since the pine trees were the most heavily damaged and also caused the most damage during the storm, some homeowners now want the right to unilaterally take down all the pine trees on their property, without ARB approval. As a member of the ARB and BOD, I will be involved in making the decisions on this issue.
I would welcome any input from other HOAs regarding how they have handled this issue. I can tell you, after 4 years on the ARB, that, in general, people want the right to cut down their own trees as they see fit, but don't want to allow their neighbors to do the same, because they will destroy the aesthetic of the community.

Any thoughts or suggestions would be greatly appreciated. Thanks...

If the tree is causing damage to the property, then I would say yes, the owners need to be allowed to remove the tree. The question then becomes replacement.
1) Does the Association desire to have any removed trees replaced for aesthetic reasons?
2) What are your county/city ordinances regarding tree removal? In my county, I can remove a tree only if I replace it with another tree that is selected from an approved list.
3) Does your Association have a list of "preferred tree replacements"? A certified arborist should be consulted for the best possible options.

New ARB rules: Unilaterally take their pine trees down but then stipulate that they must replant to maintain aesthetics and they must select the replacement tree from the Association's list of trees and they must have the tree replanted within a certain time frame. I am wondering that if such stipulations are made, few will jump up and act on removing their pine trees. Have noticed in my neighborhood there is a tendency to remove a tree and replace it with....nothing.

ChrisC11 (South Carolina)
Posts: 11

Posted:

Thank you all for your comments. I appreciate your time and willingness to share your perspective on the issue. We came close to changing the regulation,allowing homeowners full discretion to do whatever they like with their own pine trees, while maintaining our present regulations regarding hardwoods. The level of resistance by a number of ARB members was so strong, that I withdrew that motion, though I believe it would have passed. I would like to survey the entire community about their position on this change, since I believe it is too radical a change to impose via the vote of a few. I will wait at least 30 days on this step, however, so that people can, hopefully, gain a little perspective and look at it objectively.

CarolR11 (Colorado)
Posts: 2,563

Posted:

I like your idea of an "advisory vote" from owners, ChrisC. It gives everyone a chance to voice their opinions. Your might want to leave a blank few lines for owners to write in their own ideas.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

BINGO!

Damaged trees go. Leaning trees (toward the house) go. Clear cutting the yard. NOPE. Go case by case and know your neighbor's gameplan for handling stumps.....

Tim's advice and policy is great, too.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

common sense:

if one lives in a 'wind zone' (such as coastal SC or coastal FL)

no trees within 'treefall' of structure

DOH

JohnB26 (South Carolina)
Posts: 1,569

Posted:

ps.

? what do the actual Covenants say re: trees ?

if naught, your rules are moot

also

your rules may NOT interfere with 'quiet and peaceful enjoyment of property'

peaceful has been ruled by some courts to include worry and hazard free (as much as possible)

tree or roof ? DOH

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