CynthiaW1 (South Carolina)
Posts: 1
Posts: 1
Posted:
December 23, 2016
Approximately 10 years ago, I moved to South Carolina into a community of 150 family homes under a HOA. There was an ARC and now we have ARB with ARB Standards.
As it states in our ARB Standards:
Trees:
"Requires approval and plat. It is required that trees be planted no closer than (3) three feet from the closest structure and consideration be given to the development of the tree to maturity. Documentation of the expected maturity size of any new tree, including height, branch, and root system circumference is required to be submitted with the ARB Application. Tree planting will not be approved if the expected maturity size of the tree will overhang neighboring properties, streets, or pedestrian walkways. Tree owners are held responsible for maintenance of overhanging limbs or tree root systems that extend beyond the property line."
Years ago my homeowner had removed a young small Birch Tree from her front yard planted it on the side of her home where they may 30-40 feet from her side of home to my back yard property line. The tree is now taller than her two story house. In order to put up a (approved/foot from property line) white privacy fence the homeowner had to cut several large lower branches in order to install fence. The large tree roots is encroaching my property and preventing my grass to grow. I had to add soil to form a berm in order to plant two Palm Trees which is located along the fence.
As years has gone by, the tree has grown taller and wider to where 12 feet of the tree's large branches (almost half the tree) has grown over my property line. The amount of debris (stems, leaves ) that falls during the fall/winter seasons is quite overwhelming. I have to deal with a "blanket of leaves" that I have to remove from the back yard, Palm tree berm, plant beds and patio. I have to take the time during these seasons every year to remove the leaves in order not to kill my grass. I even had to purchase a tall ladder and extension pole cutter to cut the branches I was able to reach. Branches that left bugs, spiders and plant debris collect on the fence that we are required to keep clean.
Over the years I have brought this matter to Board Members and our Management Company several times. It states in Management's contract that they are responsible to enforce our governing documents. Something they neglected to enforce over the years.
Since I did not get any results, I had sent the Board and Management Company a strong/polite email, dated June 2, 2016, indicating that I had enough and something needs to be done to notify the Homeowner. I had purchased soil, landscaping and flowering ground cover (dated receipts) to re-do my Palm Tree berm. While removing old mulch and landscaping fabric and doing deep edging around the plant bed, I came upon the tree's large roots growing through the Palm Bed.
I asked the Board and Management to address this ...the Board asked the Management Company's grounds inspector to inspect the roots. He goes back and tells the Board that he saw NO problems with the tree roots growing into my yard and Palm Bed. Their incompetence amazes me! He did not call me (as I had told them in a email) to set up a date and time to meet. Instead, he had the audacity to trespass into my property. He quickly took a picture of the Palm Bed and left. Five days later I received a violation notice telling me that the plant bed needed mulch within 10days. I quickly called the management company that I wanted to appeal this to the Board and wanted to know what was going to be done to the large roots so that I can complete my project. I waited for a reply but ended up three months later with a $200 fine. I met with the Management Manager and brought her the check for $200 (in order to keep the fines from accruing) and told her not to get cash the check until she shows sections of our governing documents to the Board to defend my appeal. A month went by, she did not get back with me and found out she had the audacity to cash thy check. Forty-three days later the HOA President finally had a meeting and told me that I was still liable for the fine.
I asked a member of the ARB and several homeowners to observe the large roots and those that were brave enough (others in fear of retaliation) had emailed the Management company and the Board disproving the grounds inspector's observation.
Now, there are telling me that the fine was for the rest of my plant beds. I asked them many times to send me photos to justify their violation and $200 fine.
Management and the Board are unwilling to respond to my request. There are NO photos taken because there was NO problem with my other plant beds.
As of today, it has been SEVEN months and I am still waiting for their respond to my concerns. The Board Members are telling homeowners that I am demanding that the tree to be REMOVED.
These are lies and discrediting my character. This has not been the first time they have ruin the reputation of other homeowners that they feel are trying to cause problems...a form to silent and intimidate homeowners who want to voice their concerns. There has been already Homeowners that have moved out of the community that have experienced the vindictiveness of those that has served on the Board for many years....a "lets-get-even" attitude. This unacceptable behavior has brought animosity and has contaminated the community.
Many say, as soon as property values go up there are moving out.
I am a 63 year old single woman and do my own yard work. I am very meticulous with my yard and get my many complements of how beautiful and well maintain my yard is.
I am planning to take them to Small Claims Court to refund my monies and hopefully to get Management and the Board to enforce the ARB Standards and have the owner of the tree to cut the large branches hanging over into my property and growing into the heads of the Palm Trees.
I am also thinking of taking this to the media.
Thank you for taking the time to read this.
Any comments/advise are welcome.
Thank you for your help.
Approximately 10 years ago, I moved to South Carolina into a community of 150 family homes under a HOA. There was an ARC and now we have ARB with ARB Standards.
As it states in our ARB Standards:
Trees:
"Requires approval and plat. It is required that trees be planted no closer than (3) three feet from the closest structure and consideration be given to the development of the tree to maturity. Documentation of the expected maturity size of any new tree, including height, branch, and root system circumference is required to be submitted with the ARB Application. Tree planting will not be approved if the expected maturity size of the tree will overhang neighboring properties, streets, or pedestrian walkways. Tree owners are held responsible for maintenance of overhanging limbs or tree root systems that extend beyond the property line."
Years ago my homeowner had removed a young small Birch Tree from her front yard planted it on the side of her home where they may 30-40 feet from her side of home to my back yard property line. The tree is now taller than her two story house. In order to put up a (approved/foot from property line) white privacy fence the homeowner had to cut several large lower branches in order to install fence. The large tree roots is encroaching my property and preventing my grass to grow. I had to add soil to form a berm in order to plant two Palm Trees which is located along the fence.
As years has gone by, the tree has grown taller and wider to where 12 feet of the tree's large branches (almost half the tree) has grown over my property line. The amount of debris (stems, leaves ) that falls during the fall/winter seasons is quite overwhelming. I have to deal with a "blanket of leaves" that I have to remove from the back yard, Palm tree berm, plant beds and patio. I have to take the time during these seasons every year to remove the leaves in order not to kill my grass. I even had to purchase a tall ladder and extension pole cutter to cut the branches I was able to reach. Branches that left bugs, spiders and plant debris collect on the fence that we are required to keep clean.
Over the years I have brought this matter to Board Members and our Management Company several times. It states in Management's contract that they are responsible to enforce our governing documents. Something they neglected to enforce over the years.
Since I did not get any results, I had sent the Board and Management Company a strong/polite email, dated June 2, 2016, indicating that I had enough and something needs to be done to notify the Homeowner. I had purchased soil, landscaping and flowering ground cover (dated receipts) to re-do my Palm Tree berm. While removing old mulch and landscaping fabric and doing deep edging around the plant bed, I came upon the tree's large roots growing through the Palm Bed.
I asked the Board and Management to address this ...the Board asked the Management Company's grounds inspector to inspect the roots. He goes back and tells the Board that he saw NO problems with the tree roots growing into my yard and Palm Bed. Their incompetence amazes me! He did not call me (as I had told them in a email) to set up a date and time to meet. Instead, he had the audacity to trespass into my property. He quickly took a picture of the Palm Bed and left. Five days later I received a violation notice telling me that the plant bed needed mulch within 10days. I quickly called the management company that I wanted to appeal this to the Board and wanted to know what was going to be done to the large roots so that I can complete my project. I waited for a reply but ended up three months later with a $200 fine. I met with the Management Manager and brought her the check for $200 (in order to keep the fines from accruing) and told her not to get cash the check until she shows sections of our governing documents to the Board to defend my appeal. A month went by, she did not get back with me and found out she had the audacity to cash thy check. Forty-three days later the HOA President finally had a meeting and told me that I was still liable for the fine.
I asked a member of the ARB and several homeowners to observe the large roots and those that were brave enough (others in fear of retaliation) had emailed the Management company and the Board disproving the grounds inspector's observation.
Now, there are telling me that the fine was for the rest of my plant beds. I asked them many times to send me photos to justify their violation and $200 fine.
Management and the Board are unwilling to respond to my request. There are NO photos taken because there was NO problem with my other plant beds.
As of today, it has been SEVEN months and I am still waiting for their respond to my concerns. The Board Members are telling homeowners that I am demanding that the tree to be REMOVED.
These are lies and discrediting my character. This has not been the first time they have ruin the reputation of other homeowners that they feel are trying to cause problems...a form to silent and intimidate homeowners who want to voice their concerns. There has been already Homeowners that have moved out of the community that have experienced the vindictiveness of those that has served on the Board for many years....a "lets-get-even" attitude. This unacceptable behavior has brought animosity and has contaminated the community.
Many say, as soon as property values go up there are moving out.
I am a 63 year old single woman and do my own yard work. I am very meticulous with my yard and get my many complements of how beautiful and well maintain my yard is.
I am planning to take them to Small Claims Court to refund my monies and hopefully to get Management and the Board to enforce the ARB Standards and have the owner of the tree to cut the large branches hanging over into my property and growing into the heads of the Palm Trees.
I am also thinking of taking this to the media.
Thank you for taking the time to read this.
Any comments/advise are welcome.
Thank you for your help.