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RajR (Virginia)
Posts: 2
Posted:
We bought a new home which is the first house entering the community. When vehicle turns into the community they see my back yard which is open and no privacy as there are no trees to cover. My neighbor and their neighbor planted leyland crescent trees like a fence to give them privacy, so I also planted same trees in my back yard in a L-shape to get some privacy for my back yard. Home association sent me notice saying I don't have approval for those trees, so I sent a request approval and they denied it saying the place and trees are not approved. I appealed saying I have planted same trees as my neighbor but I got a second notice saying I have to remove them within 10 days. Right now HOA and architecture community is the builder himself. I took the trees off but my neighbors trees are still there. I have spent $1200 for those trees.
Is there any chance I can get that money back from HOA
TimB4 (Tennessee)
Posts: 21,062
Posted:
Doubtful. You failed to request prior approval as outlined in your governing documents (which you agreed to comply with when you purchased the property).

MichaelF15 (Indiana)
Posts: 11
Posted:
I think you may have a case.......HOAs CANNOT selectively enforce Covenants. Since the trees have been removed, submit another request and see what happens?
KerryL1 (California)
Posts: 14,550
Posted:
As with others, I'm assuming your governing documents do state that you must have written approval to plant the trees. Will you give us the exact wording? Thanks.
RajR (Virginia)
Posts: 2
Posted:
When I applied for the approval they denied it saying

Exact wording is: Leyland Cypress is not approved in current location. Please relocate plantings.
Strongly encouraged to resubmit your application with an alternate landscape plan for back yard.

My question is how are other neighbors planted the same kind of trees in their backyard and they are up for almost 6 months now.
When I asked this question to the management office she said she can't discuss that with me.
PitA
Posts: 311
Posted:
YOU are in violation.

YOU must fix violation.

You may bring suit against you neighbor(s) for the same violation(s).

It is possible that your neighbors were ALSO 'ticketed'.

Go talk to them.
CyrstalB (Maryland)
Posts: 457
Posted:
You didn't say that the neighborhood is completed, it's possible the builder just doesn't want them to interfere with his "vision" of what people see when they turn in. They like potential buyers to see the wide open spaces...
Sadly though, you are in violation and you can either move them or pay the fines and legal bills.

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