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VictorJ (Arizona)
Posts: 3
Posted:
Our HOA Board is now requiring us to remove a red Oleander tree that was planted two years ago after approval of a tree for the front yard. They now claim that red oleander is not on the approved list. At the time of approval this tree was not on the prohibited list we were given, and a yellow oleander was on the approved shrub list. Any suggestions on how we can proceed to have the HOA reverse this decision would be appreciated. Thank you.
HaroldS1 (Arizona)
Posts: 314
Posted:
Do you have paperwork approving that tree back then? If you have proof of approval I don't know how they can now come and tell you to remove it. Harold
RogerB (Colorado)
Posts: 5,067
Posted:
> Any suggestions on how we can proceed to have the HOA reverse this decision would be appreciated.

Victor, provide your copy of the approved request to the Board.
VictorJ (Arizona)
Posts: 3
Posted:
Thanks for your reply. They have a copy but say it did not specify the kind of tree it was
VictorJ (Arizona)
Posts: 3
Posted:
Thank you for your reply. They have a copy but say it did not specify what kind of tree.
JC3
Posts: 290
Posted:
What does _YOUR_ copy of the approval letter say? DO you have a copy of the approved list and the prohibited list? Make copies for them. If you don't have a copy, they should be in the association files, and maybe a neighbor keeps all their records.
HaroldS1 (Arizona)
Posts: 314
Posted:
Since their copy did not specify what tree was approved, how can they come back two years later and demand it be removed? I don't think any court in the land would find that reasonable. Harold
RogerB (Colorado)
Posts: 5,067
Posted:
Victor, so they approved a tree which no specificity. Therefore, you had approval to plant any kind of tree. They have no basis to recind your approval. Harold is absolutely correct.
JanM (Texas)
Posts: 142
Posted:
Technically, an oleander is not a tree but a "flowering shrub".
HaroldS1 (Arizona)
Posts: 314
Posted:
They are and can be grown as a tree. http://www.hnlandscape.com/Landscapes%20054.jpg Don't know where Victor lives, but here in Arizona there is a bug attacking oleanders, slowly killing them, so that his problem may become moot anyway. Harold
MikeS1
Posts: 668
Posted:
I've been a member of ACC, covenants committee, Secretary for several years and other committees; but I have a lot of respect for most boards and their efforts; however, here it sounds like someone has too much time on their hands. This is just too picky and it's the reason that HOA's get a bad reputation.

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