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TessE (Florida)
Posts: 1
Posted:
Im allergy ON oak tree I wanna replace it
With different tree.why it same like ,its hard
To get and approval.from are HOA?Oak Will
Damage your property.I dont know is pretty
At all to design to your front yard.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Hard to understand your post. I gather you are allergic to Oak trees and would like to remove the one you have. You want to replace it with another type tree. The HOA is not giving you approval to do this? What kind of tree are you planning on replacing with? Have you gone to the HOA or written them your plans?

HOA isn't being that "unfair" if your not making yourself clear enough to them to make the decision. Trees are a big deal in a HOA. It is a matter of size does matter. So the HOA can deny your request if the tree will cause issues later in life.

Example: Bradford pear trees are beautiful. However, once they mature they become nuisance trees. The limbs break off easily and can get too big causing many issues. We had one bigger than the house in the front yard. After we took it down, we started banning Bradford Pears even though the original builder put them in. 30 years after the builder was gone these trees became huge issues/liabilities.

So have you worked with your HOA for the proper take down of the tree? Do you want them to pay for it? Are you going to pay for it? Did you want them to buy and/or plant a new tree? The HOA may not spend this money on your project. It is overall best to ask permission than forgiveness in a HOA.

Former HOA President
JanetB2 (Colorado)
Posts: 4,219
Posted:
If the tree was there when you purchased and you were allergic to them, then the argument could be why did you purchase without obtaining prior approval to remove before your purchase? At that time you possibly made a choice (using info in your statement) to purchase knowing the tree was not one you could withstand.

If you can PROVE that the tree is causing or soon will cause damage to your property if not removed, then the HOA would need a valid reason to deny. If you can prove and send a letter with your proof "Certified Return Receipt" and the HOA denies, then in future any damage possibly could be the HOA responsibility to pay for damages.

Is the tree considered Common Area Property or is the tree on your specific lot? If it is on your owned property then keep in mind the cost to remove and/or replace (if required) is out of your pocket and NOT the HOA responsibility to pay for removal and replacement.

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