Landscape Easement -HOA Responsibility HELP

I own a home that backs up to a fairly busy road. Between the back of my home and the road is a pond, and a pond bank near the road which, for the first 18-years of the development's existence, had thick foliage that made line-of-sight (of the road) virtually impossible. My lot is 1/2 an acre so the road is not 'far away.'

In short, the trees on the bank weren't looking healthy so the HOA ripped them out (without forewarning) and has no plan nor intention of replacing them. Instead, they laid down sod so that now I stare at the road, the guard rails, pedestrians, and speeding traffic. Homes on my street (~21) were designed around the pools in the rear, the pond, and the trees/landscaping--my home has 3 sets of triple sliders in the rear (more glass than block). Now it appears my home was designed to gawk at a super highway (40 mph, 4-lane, actually).

The HOA plat and covenants/by-laws state that that bank is the HOA's responsibility to 'maintain' (it's a landscape easement; technically the bank is the property of the homeowners). The HOA BOD claims that all they're obligated to do is mow and edge (i.e. that's their definition of maintain). I disagree mostly based on common sense...or better yet MERRIAM-WEBSTER defines 'maintain' as:

"to keep in an existing state (as of repair, efficiency, or validity) : preserve from failure or decline"

In my mind, removing trees and replacing them with sod is not 'keeping it in an existing state.' It's a down-grade as a result of not wanting to pay for the cost of true maintenance.

Anyone have any precedent here? Can anyone give advice (on how to restore my privacy and lost property value...~10% estimated from realtor friend).

Thank you.

John,

I would strongly recommend seeking a legal opinion from an attorney, especially since you are claiming a diminished property value.

The problem here is that the term "landscape easement" is not very explicit and leaves a lot of unanswered questions. For example, who owns the trees growing on your property inside the landscape easement?

If the HOA's interpretation is correct (i.e., their job is to mow and edge) where do they derive the unilateral authority to cut down trees on your property?

I think the outcome will hinge on the exact wording of the easement, the exact authority granted by virtue of the CC&R's, and existing Florida statutes and case law.

Evidently the HOA cut down YOUR trees.

Let us assume (for the sake of argument) that the trees were sick and presented a hazard.

? Would YOU want to personally bear the associated cost of the removal ?

Perhaps you could offer to pay for the new plants themselves and to have the HOA's landscaper install same ?

! honey vs vinegar principle !

First, i can imagine that your views are pretty bad now compared to previously. That's a shame!

But many here offer good ideas including seeing if the Board will plant new materials that you purchase or you & neighbors who've seen a similar massacre.

While you may have a legal way to fix this, working together with your neighbors & the Board should be cheaper & more pleasant for all.