View rights and harassment

Our HOA has a small group of homeowners who claim they have the right to cut trees in our common area and neighbors yards because they are blocking their view. It was explained to them that the common area is a designated wetland and biofilter so permission must come from local and/or state agencies. Since the common area belongs to all residents, they would also need approval from a majority of homeowners (most who do not have views of any kind). Beyond the common area and surrounding the lake are trees designated a conservancy zone so HOA has no say in that area. They were encouraged to work with neighbors when the trees were blocking desired views. This all started at the beginning of the year (2014) and continues. Each time their concerns are addressed and answered by the board, they come back again with the same demand to cut trees. This is costing all of us because the volunteer board consults the attorney to make sure everything is done correctly. The group is now circulating a petition to get more support for their position.
Does anyone have experience in dealing with this type of situation? How can we put a stop to this foolishness and waste of money while remaining attentive to homeowners' concerns?

Pertinent CC&Rs:

Declaration of Protective Covenants
5.2 Neither the Declarant, The Homeowners Association or the Architectural Control Committee as hereinafter provided for shall be liable if a dwelling should block a portion or all of another’s view(s).
5.10 Landscape and Maintenance.
All trees and shrubs or landscaping of any kind shall be kept neat and orderly and trimmed so as not to obstruct another lots view and shall be consistent with the preferred list of plants and materials ...provided that landscaping necessary for the wetlands shall not be subject to this section.

Catherine

As Tim suggested but in different words. Lay the federal, state, local, whoever bureaucrats that are responsible on the owners. Kick it upstairs off the BOD's back.

It's no surprise that in my HOA, at the top of the list of things that HOs get emotional about is rising assessments. For reasons I cannot explain, tree issues come in a close second. We get everything from "you can't" to "you must."

About 3 years ago, we hired an arborist who inventoried our trees (tagged them individually or in clusters) and then made recommendations on what needed to be done over a five year period. Board members walk the grounds with him once a year, and he writes a short update of what, in his opinion, needs to be done based on various factors including our HOA's financial objectives for tree expenditures.

If any HO wants the HOA to vary the plan, we will be glad to oblige provided that the requesting HO also contributes substantially to the cost. Their contribution can be anywhere between 1/3 and 2/3 of the cost depending on a schedule that varies from season to season as conditions change. The HOA pays the balance of the cost.

For example, if the HOA is covering half the cost on a $1k tree that 5 HOs want cut, then they can agree to pay $200 apiece and the HOA will pay $500. Or they can divide their half any way they want as long as the HOA only pays half.

People still get emotional about trees, but when they realize that they have to reach into their own pocket to get their demands fulfilled, the noise level goes down substantially.

In the end, we wind up getting more done with fewer HOA dollars spent.

Hiring the arborist and following through with a 5 year implementation plan was one of the best moves we have made.

Catherine,

I am revising my own advice. My first thought was to send the complainers to the agencies who oversee the wetlands and conservancy zones.

Then I recalled that in my association we had a similar situation where some of our parcels overlooked a long scenic valley. When a commercial development was planned some six miles away, one of our members began ranting that he had some sort of god-given carved-in-stone constitutional right to the view that he thought he had purchased. This member harassed county and state officials for months afterward in his demand for "justice." I have always felt that the last thing we needed was an unofficial representative giving the impression that we are all a bunch of whacko's.

By sending the complainers to outside agencies, those agencies may get the impression that the complainers are speaking for the association. Therefore, I concur with Tim that you should arrange for a representative from the agencies to attend a meeting to explain to everyone what the situation is. This will allow your board to appear as the reasonable parties while distancing yourselves from the complainers.