Planting of tress without ARB approval

I am on The ARB Board and a neighbor planted 3 trees without ARB Approval. All he has to do is fill out the ARB Request but he refuses
He is one of the original homeowners. We have sent him emails requesting he fill out the form He answered us by planting 2 more trees
We gave him 45 days to comply and also sent a Notice of Non-Compliance.

Per our covenants we can have the trees removed and bill the homeowner if he doesn't pay a lien can then be placed.
Anyone familiar with this type of problem and how did you rectify it? Thanks

As Augustin mentioned, do you have any other enforcement methods available, such as fines?

Our covenants also allow the HOA to cure issues on owner's property, but that would have to be a very last resort, and probably only on unoccupied properties. There is too much chance of a hot-headed confrontation, it doesn't seem a big enough deal for somebody to risk getting shot.

If these are trees that would probably have been approved if an application was submitted, then it just seems malicious to consider cutting them down for lack of paperwork.

This kind of thinking leads to more problems. We all have the " nobody will tell me what to do types". You can't let it grow into bigger problems.

Tell the owner to remove. Fine him if he doesn't. Then cut them down and charge the owner. Lien if he doesn't pay.

I didn't say to ignore the issue, but I would not go to the extent of cutting down the tree. Fines, liens, even a lawsuit if needed are preferable to being being on the bullet receiving end of a "stand your ground" situation.

Jackie, it sounds like you are on the ARB, but perhaps not on the Board of Directors.

Does your ARB make the final decision (approve/disapprove) on architectural improvements, or does your Board of Directors? Could it be that the Board of Directors approved without involving/informing the ARB?

As an aside, would all of the trees that now exist have been approved if an ARB form was submitted? If so, has that been explained to the homeowner in addition to requesting that he fill out the form? Sounds like some improved communication might make the whole situation go away for everyone. Perhaps even go so far as to fill out the form for him and just request his signature, reassuring him that his improvements are acceptable and that the form is just to formalize the improvement.

Personally I hate pandering to these sorts of people, but sometimes it results in the best outcome for all. Nobody ends up getting shot; no ridiculous fines and lawsuits; neighbor relationships are not worsened; the HOA doesn't end up on the news; and a whole lot of time and frustration are saved. Sure the ARB/Board feels that their "authority" is threatened, but in the end, who really cares?

Contrary to what many here are saying, one owner's noncompliance will not result in a sudden HOA-wide noncompliance issue. If the HOA is being run somewhat well, most owners will want to keep it going that way and will continue to follow the rules. It's been my experience that only a handful really want to play the game of "this is my property and nobody can tell me what to do". Unless this particular issue is broadcast to the entire neighborhood, the vast majority of owners won't even know that this individual is not in compliance.

Doing what several suggest in cutting down the trees will make things drastically worse. Simply because you have the power to return the grounds to their original condition, doesn't mean that the power has to be utilized. Plus, I'd be very careful about putting any contractors in the middle of this issue without first informing them that they'll be on the property of a volatile homeowner. Liability issues there.

First I suggest trying harder to get the form signed and improve communication. Then fine (and continue fining) for noncompliance to HOA rules/documents. Lien if allowed. Possibly consider lawsuit to collect money owed.