Tree Removal Debacle

Started by TinaS11 • 23 replies • 1512 views

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TinaS11 (Pennsylvania)
Posts: 11

Posted:

My husband and I recently purchased a condo from a friend in an unincorporated HOA. We've rented this condo for a few years now prior to purchase. The complex consists of two buildings with five units contained in each building. Buildings generally look the same except for some difference in types of windows between the two buildings. Our building has a parking lot out front while other bldg does not. Both buildings have round bushes along front and row of large maple trees.

Our neighbors on one side purchased a little more than a year ago. They are unmarried, woman is on the deed but the man is not. The man is a very sociable person and we avoid going outside if he is there because he will talk your ear off. He's been spearheading the removal of the maple trees because birds sometimes poop on his car, leaves fall on his car in fall, and sap sprinkles on the car briefly in spring. He has been saying to everyone that the trees are unhealthy and could fall, and should be removed. They are perfectly healthy.

His girlfriend, an owner, was elected president, then he was elected "property manager" a few months later. He performs many of her duties, for her.

Prior to us purchasing, there were two votes taken. The trees were separated for the purpose of voting, and the owners in the other building didn't want their trees removed. The other vote for our trees was taken, and all the owners from the other building voted to remove our trees. There is no plan for replacement. The stumps are not being ground down, they are just going to put mulch over the stumps.

The friend from whom we purchased the unit used to be the president and said that the trees had not been separated in voting before.

My argument that was presented to the president via email, upon finding out that the maples will be removed:

- There is a regulation in our bylaws that calls for "uniformity among the units" and also mentions a height requirement for backyard shrubbery. Another regulation allows for "liberal interpretation" of the bylaws. Removal of one set of maples would result in non-compliance with our own bylaws.

- The bylaws do not specify that trees in front of specific buildings are allocated to those buildings.

- Pennsylvania condo law mentions that "common elements must not be partitioned" and therefore separating them in a vote would violate condo law.

The president responded by saying her boyfriend knows about property laws and will review my allegations. She also said that there's already been a precedent set of non-uniformity.

One of the maples to be removed is directly in front of our unit, although on shared property. It provides shade into our unit, saving on energy, providing partial privacy into our windows. I'm willing to fight this as much as I can. Any suggestions? As another angle, can I claim that this decision financially affects me with energy costs? I'm also looking into alleging that her boyfriend has not acted in "good faith" as an officer because of how he has lobbied to get the trees removed.

Please, any advice?

TinaS11 (Pennsylvania)
Posts: 11

Posted:

I should mention that my ultimate goal is to keep the trees, not monetary gain or remediation. I'm quite upset about this, equally so about the neighbor's boyfriend being able to exert so much influence and control as a non-owner.

SheliaH (Indiana)
Posts: 6,964

Posted:

I don’t like the idea of the lady being president and her boyfriend “property manager” – too much potential for a conflict of interest (like what you have right now). The property manager is supposed to work for the association, not the other way around, so if he’s going to be the property manager, he should have NO SAY in what happens to the tree. Whatever else happens to this trees or the rest of them, your association really needs to fix that at once.

Trees and birds do what they do, so just because they bombard this guy’s car with poop and leaves doesn’t mean the tree is unhealthy – even if it’s cut down, what’s to stop the birds? Some people just don’t use common sense – I’d suggest the guy find another parking spot instead of directly underneath the tree, but if there isn’t one, maybe he should just buy one of those car covers and power wash it from time to time.

I don’t see removing a healthy tree unless it’s causing problems like an invasion of sewer lines from tree roots. He does have a point about the tree branches possibly falling on a car, but pruning by a professional arborist might resolve that. In fact, why don’t you suggest calling one in so he or she can look at all the trees and see what’s causing a risk to the building (poop and leaves don’t count).

The arborist can also suggest cost effective ways of dealing with the stump – mulch won’t stop the roots from spreading, which they can do if even if there’s no tree and then you have another problem with foundation uprooting and possible trip hazards. Better to spend the money and get rid of the stump properly.

I don’t understand the tree separation bit– we have lots of them in our community and if one needs to go because of sewer line disruption or something (which I’ve discussed in other threads on this website), our board simply votes to get rid of them, prune them, etc. I can only think of one couple who objected to “their tree” being cut down (for some of the reasons you mentioned you’d like to keep yours). I agree there’s nothing wrong with energy savings and trees do make the area look pretty, but in our case, these two had to be educated on the expense of sewer line repairs and foundation repairs (which “their” tree was causing around their own townhouse), plus the fact it would be replaced by a more appropriate tree, they quieted down.

Moreover, the uniform look of the buildings usually refers to doors, windows, etc. - not necessarily landscaping items like trees and shrubs because if they're on the association's common area, the Board, not homeowners, usually decide what happens to them (trees or no trees, specific varieties, etc.) That's probably why your bylaws don't really address the uniformity of trees anyway - how in the hell does anyone dictate how large or wide a tree will get anyway? Yes, I know the nursery might say one thing, but Mother Nature has the ultimate say and there's usually not much you can do about that.

Where’s the rest of your board on this anyway? If they agree with you that the tree should stay, all they have to do is outvote the president. The board usually makes decisions like this anyway without homeowner approval, although there are cases where it’s good to ask their input.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SheliaH (Indiana)
Posts: 6,964

Posted:

I was writing my response around the same time you were saying the boyfriend isn't an owner - once again, he has no say in anything involving Association business, so someone (like the other board members) need to tell him to STHU and STHD!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TinaS11 (Pennsylvania)
Posts: 11

Posted:

The boyfriend/property manager is quite the schmoozer...

The boyfriend met with 3 different tree removal services prior to the vote. He claims that the maples could possibly, in the future, mess up the parking area due to root growth. But maples are planted right next to sidewalks and parking lots in commercial areas all the time, with no obvious issues with roots. The trees are annually trimmed, but he's trying to say that because one side is more closely trimmed, the trees could possibly someday fall over if the wind is right.

Our HOA council consists of 10 owners, with each unit allowed 1 vote. The owners in the other building are adamantly against removal of any of their landscaping, and any movements in the past to remove the trees have been quashed because of this. If the trees had not been separated in voting, there wouldn't have been enough votes to remove any of the trees. There have been motions to remove before, but all the maple trees remained as undivided elements and there were never enough votes to remove all the trees. This time someone was sneaky, and separated the trees in voting. This is an area of concern for me.

The regulation that refers to "uniformity among the units" also addresses a landscaping height limit in the rear of the buildings, which is why I'm alleging non-compliance with this specific regulation. Another regulation allows for "liberal interpretation" of the by laws, so I'm hoping that I can get the trees to stay based upon that.

The maple trees are in rows, directly in front of each building. Each building has basically the same arrangement of maple trees and round bushes. I'm trying to argue that the "sets" cannot be separated in voting because the trees, collectively, are a common element.

I'm not sure if my arguments are good or not, or if I'm reaching a bit with their application. I think the regulation that allows for "liberal interpretation" of the bylaws should help me with arguing for uniformity.

I'm sure once her boyfriend reviews my complaint, he will say it's unfounded. My plan at that point is to challenge him as any sort of authority on the matter, as being biased due to his active lobbying, being the property manager, and most importantly, not even being an owner.

There is nothing in the bylaws as far as an appeal process or process for filing a complaint or challenging council decisions. I've found nothing in Pennsylvania condo law either. Is anyone aware of what one does in that situation, when there is no established process for appeal or complaint?

AugustinD
Posts: 5,144

Posted:

Hi TinaS11,

Unfortunately, I think you need to get on the board a.s.a.p. and get a majority of like-minded folks to do the same.

Is the boyfriend being paid to be the property manager?

I am sorry you have to deal with this ridiculous situation. It does affect the way you and your neighbors will feel about your building. I read reports like this and more and more think I would prefer the headache of owning a small house rather than the headaches of incompetent boards that do seem typical of condo living.

TinaS11 (Pennsylvania)
Posts: 11

Posted:

The neighbor who is the president hates the position and doesn't plan on running again at the beginning of the year. She suggested I run. I would, but I have a small baby and another one on the way. It's just too much.

I don't think he's being paid.

The council is made up of all the owners, 10 in total, who all are allotted one vote. When you say board, do you mean run for president?

SheliaH (Indiana)
Posts: 6,964

Posted:

Since your bylaws allow “liberal interpretation” (which means different things to different people), I’d worry less about them for now and more about the notion of chopping down a perfectly healthy tree because ONE person (and a non-owner at that) has an issue with it. Addressing that is less about the bylaws and more about being practical and using one’s noggin for more than a hat rack (as my grandmother used to say!)

This also appears to be about ONE tree, so forget that business about uniformity for a moment. These trees may have all been planted at the same time and perhaps are now the same size, but life happens and it’s’ not always as evenhanded as you’d like. For example, if two or three trees were struck by lightning and had to be cut down, they wouldn’t look like the other trees anymore. At that point, the uniformity issue is meaningless because Mother Nature WILL get her (his?) way in the end.

The boyfriend does have a point about wind or uprooting sidewalks. There are other conversations on this site where AugustineD and I have talked about our communities that have had issues with sewer line damage from tree roots. During the 10 years I was on my HOA board, I learned some tree varieties are notorious for causing damage like this. Unfortunately, people (especially developers) don’t always consider what will happen when the tree grows up – that’s what you have to think about when planting them.

You must also remember that tree roots are twice as long as the tree is tall, so just because you’ve seen other areas where maple trees are growing next to the sidewalk or whatever, doesn’t mean it’s a good idea. Besides, you don’t live in those areas – worry about where you are instead. You have to pay attention to placement – of course, developers don’t do that because it takes too long and costs more money. Besides, by the time the tree grows up and caca starts hitting the fan, they’ll be long gone, so who cares?

All of that said, it doesn’t sound like any of this has happened, so the best thing to do for now is to monitor the trees, bring in an arborist to get his or her opinion and then let the BOARD decide what to do. This is why they exist – while it’s great to get homeowner input on various issues, it’s easy to get bogged down in what this or that faction has to say and sometimes people will not let things go even if it’s clear a specific approach is the best one. Y’all are getting bogged down in trees being separated by votes and it’s really unnecessary.

I repeat about the boyfriend – he can say whatever he likes and it may be very interesting, but since he isn’t an owner and therefore not an association member, it’s time for the other board members to remind him of this fact. In fact, I would recommend that you look for another property manager – you need someone who knows how to stay in his/her lane. It’s ok to make recommendations, but the Board has the final decision – that’s why they’re there. If homeowners have an issue with the Board, they can vote them out or recall them and put in people they like.

Which brings me to my last point – I understand you’re reluctant to get on the board because you’re about to be really busy with a baby, but you sound like you have a good grasp of how to address association issues and I think you’d be great on its board of directors. You don’t have to serve now or be an officer – I suggest waiting a year to 18 months after the baby is born and see how your schedule shakes out.

If board membership isn’t possible, there may be an advisory committee you could join. Those usually aren’t as demanding on one’s time, but are great for getting acquainted with condo issues and how to address them. If that’s too much, you can still let your voice be heard by attending a board meeting once in a while (at least go to the annual), reading board minutes and sending them letters or emails with comments, criticisms and most of all, suggestions on how to make things better. Good luck!

PS. regarding your question on the board president, many HOA boards have the owners elect the members and then the board members elect officers, such as president from among themselves. Read your documents to see what's supposed to happen. You say you have a 10 member board - does that mean everyone in your condo is considered a board member or you have, say, 50 condos and elect 10 people to serve on the board? If it's the former, maybe your association needs to consider amending the documents to allow for an odd number of members, say, 5 or 7. That can help prevent ties on issues like this. Even with that, your president is only 1 vote - we know she's obviously influenced by her boyfriend, but why are the other nine standing around and not saying anything, especially when they could have outvoted her on naming the boyfriend as property manager????

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JanetB2 (Colorado)
Posts: 4,219

Posted:

First I would check with your local government regarding trees. In some areas after planting ... the removing of healthy trees which are not diseased or causing damage could violate their ordinances. It is at least worth checking before engaging the HOA.

Second your might "consult" with an attorney. Some will give a short consultation at no or minimal charge. Just be sure to not get off subject and keep to the quick simple facts as you presented here. If attorney agrees with you he then for a small fee can write a letter and send to the HOA. Hopefully, that will get them to back off.

Third, you can either wait until next election or you can "recall" current BOD. However, you need either yourself or have other like minded owners willing to step up to the plate and volunteer to run for the BOD positions. Usually in most documents the members vote for the BOD and the BOD then determines or elects among themselves who will serve in which officer positions.

Question ... Who signs your HOA checks? If the President is signing then it would DEFINATELY not be a good idea for the boyfriend to be acting as the property manager. And I agree with others not a good thing to mix. I worked for a non HOA association years ago and took the job to clean up.a huge mess. In that instance the prior President and Office Manager had an affair and embezzled money from the association because both could sign checks.

TinaS11 (Pennsylvania)
Posts: 11

Posted:

Quote:

Posted By SheliaH on 07/31/2017 12:16 PM
Since your bylaws allow “liberal interpretation” (which means different things to different people), I’d worry less about them for now and more about the notion of chopping down a perfectly healthy tree because ONE person (and a non-owner at that) has an issue with it. Addressing that is less about the bylaws and more about being practical and using one’s noggin for more than a hat rack (as my grandmother used to say!)

This also appears to be about ONE tree, so forget that business about uniformity for a moment. These trees may have all been planted at the same time and perhaps are now the same size, but life happens and it’s’ not always as evenhanded as you’d like. For example, if two or three trees were struck by lightning and had to be cut down, they wouldn’t look like the other trees anymore. At that point, the uniformity issue is meaningless because Mother Nature WILL get her (his?) way in the end.

The boyfriend does have a point about wind or uprooting sidewalks. There are other conversations on this site where AugustineD and I have talked about our communities that have had issues with sewer line damage from tree roots. During the 10 years I was on my HOA board, I learned some tree varieties are notorious for causing damage like this. Unfortunately, people (especially developers) don’t always consider what will happen when the tree grows up – that’s what you have to think about when planting them.

You must also remember that tree roots are twice as long as the tree is tall, so just because you’ve seen other areas where maple trees are growing next to the sidewalk or whatever, doesn’t mean it’s a good idea. Besides, you don’t live in those areas – worry about where you are instead. You have to pay attention to placement – of course, developers don’t do that because it takes too long and costs more money. Besides, by the time the tree grows up and caca starts hitting the fan, they’ll be long gone, so who cares?

All of that said, it doesn’t sound like any of this has happened, so the best thing to do for now is to monitor the trees, bring in an arborist to get his or her opinion and then let the BOARD decide what to do. This is why they exist – while it’s great to get homeowner input on various issues, it’s easy to get bogged down in what this or that faction has to say and sometimes people will not let things go even if it’s clear a specific approach is the best one. Y’all are getting bogged down in trees being separated by votes and it’s really unnecessary.

I repeat about the boyfriend – he can say whatever he likes and it may be very interesting, but since he isn’t an owner and therefore not an association member, it’s time for the other board members to remind him of this fact. In fact, I would recommend that you look for another property manager – you need someone who knows how to stay in his/her lane. It’s ok to make recommendations, but the Board has the final decision – that’s why they’re there. If homeowners have an issue with the Board, they can vote them out or recall them and put in people they like.

Which brings me to my last point – I understand you’re reluctant to get on the board because you’re about to be really busy with a baby, but you sound like you have a good grasp of how to address association issues and I think you’d be great on its board of directors. You don’t have to serve now or be an officer – I suggest waiting a year to 18 months after the baby is born and see how your schedule shakes out.

If board membership isn’t possible, there may be an advisory committee you could join. Those usually aren’t as demanding on one’s time, but are great for getting acquainted with condo issues and how to address them. If that’s too much, you can still let your voice be heard by attending a board meeting once in a while (at least go to the annual), reading board minutes and sending them letters or emails with comments, criticisms and most of all, suggestions on how to make things better. Good luck!

PS. regarding your question on the board president, many HOA boards have the owners elect the members and then the board members elect officers, such as president from among themselves. Read your documents to see what's supposed to happen. You say you have a 10 member board - does that mean everyone in your condo is considered a board member or you have, say, 50 condos and elect 10 people to serve on the board? If it's the former, maybe your association needs to consider amending the documents to allow for an odd number of members, say, 5 or 7. That can help prevent ties on issues like this. Even with that, your president is only 1 vote - we know she's obviously influenced by her boyfriend, but why are the other nine standing around and not saying anything, especially when they could have outvoted her on naming the boyfriend as property manager????

Actually there are 3 trees in front of both buildings. One of the 3 trees in front of our building is planted directly in front of our unit, on shared property. Voting on this subject usually kept the trees as an undivided entity. This last vote separated them into 2 sets.

The trees are already scheduled for removal in early September, BEFORE the next association meeting.

We don't have a board. There is the council, consisting of all 10 unit owners, then the "officers" of President, Treasurer, and Secretary.

What makes this sticky is that some of the people like the boyfriend, because he's been very vocal in trying to get into the management of the property and association business, and none of the other owners are willing to be president. They wanted his girlfriend to be president so he would be the one pulling the strings.

That's why I'm having to approach this from a damage control perspective. It is too late to get an arborist, since the trees are scheduled to be removed. So I'm trying to figure out ways to challenge the decision.

I agree with what you said about him being property manager. I'm not exactly sure why we have a property manager, except to relieve the president of some of her duties. In the past there hasn't been a need for a property manager.

TinaS11 (Pennsylvania)
Posts: 11

Posted:

Quote:

Posted By JanetB2 on 07/31/2017 12:17 PM
First I would check with your local government regarding trees. In some areas after planting ... the removing of healthy trees which are not diseased or causing damage could violate their ordinances. It is at least worth checking before engaging the HOA.

Second your might "consult" with an attorney. Some will give a short consultation at no or minimal charge. Just be sure to not get off subject and keep to the quick simple facts as you presented here. If attorney agrees with you he then for a small fee can write a letter and send to the HOA. Hopefully, that will get them to back off.

Third, you can either wait until next election or you can "recall" current BOD. However, you need either yourself or have other like minded owners willing to step up to the plate and volunteer to run for the BOD positions. Usually in most documents the members vote for the BOD and the BOD then determines or elects among themselves who will serve in which officer positions.

Question ... Who signs your HOA checks? If the President is signing then it would DEFINATELY not be a good idea for the boyfriend to be acting as the property manager. And I agree with others not a good thing to mix. I worked for a non HOA association years ago and took the job to clean up.a huge mess. In that instance the prior President and Office Manager had an affair and embezzled money from the association because both could sign checks.

Thanks for the advice! I will look into the ordinances.

The president and treasurer are authorized to sign checks. Not the property manager to my knowledge.

What goes into a recall, and what steps does one take if there is no such process outlined in the HOA documents or state condo law?

I will definitely consider seeking the advice of an attorney.

CarlJ2 (Texas)
Posts: 194

Posted:

I hope you can get to the... root... of the issue. It would be a shame if it left you... stumped.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TinaS11 on 07/31/2017 12:55 PM

Are BOTH President AND Treasurer signatures required OR only one??? My concern is if only the President's signature is required on a check and the boyfriend is Manager ... that needs to be watched.

If recall is not noted in either your CCR's or State Statute then it might not be an option in your state. Unfortunately some very few states are not yet up to the times and issues. Your State Condominum Statutes can be found here to check (sorry no time right now to read myself and your state is one I am definately not currently familiar with):
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68&mobile_choice=suppress

You might also want to look up your Non-Profit Corporation laws if your HOA is registered as a Non-Profit organization (which most are).

The alternative is to add to your question list if you seek the advice of an attorney. It would be a quick question.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Just reviewed again your response to Sheila ... If the trees are scheduled to be removed in September potentially you need to consult an attorney immediately to get action started. While hate saying this because I hate for anyone to have attorney fees when an HOA is potentially in the wrong, I also need to point out that an attorney needs time to respond. I would agree with you that the HOA should not have DIVIDED the common area with regards to the vote and hope your attorney agrees.

TinaS11 (Pennsylvania)
Posts: 11

Posted:

I'm not sure if both signatures are required. I'm going to look into that.

I haven't extensively read title 68 condo law, but I did find a subsection that states that common elements cannot be partitioned. That's one of my arguments, but I'm not a lawyer, just have a criminal justice degree and had taken some various law classes, so I don't necessarily understand the language of the law. I'm hoping it's a valid argument though, but I'm not confident that the boyfriend, who is apparently reviewing my allegations, will agree.

Chapter 32 section 3208 Allocation of Common Element Interests
d. Alteration or Partition of allocations
"Except in the case of eminent domain.... the common element interest, votes, and common expense liability allocated to any unit may not be altered without unanimous consent of all unit owners. THE COMMON ELEMENTS ARE NOT SUBJECT TO PARTITION..."

I will continue to look for any outline of a grievance, complaint, or appeal process, within title 68.

Your advice, opinion, and comments have been wonderful!

TinaS11 (Pennsylvania)
Posts: 11

Posted:

I will also look into if our HOA is a non-profit.

TinaS11 (Pennsylvania)
Posts: 11

Posted:

Question: if trees are being treated as building A trees and building B trees, does that mean they're being treated as limited common elements as opposed to common elements? Within the bylaws, the trees are not allocated to specific buildings.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TinaS11 on 08/01/2017 3:37 PM
I'm not sure if both signatures are required. I'm going to look into that.

I haven't extensively read title 68 condo law, but I did find a subsection that states that common elements cannot be partitioned. That's one of my arguments, but I'm not a lawyer, just have a criminal justice degree and had taken some various law classes, so I don't necessarily understand the language of the law. I'm hoping it's a valid argument though, but I'm not confident that the boyfriend, who is apparently reviewing my allegations, will agree.

Chapter 32 section 3208 Allocation of Common Element Interests
d. Alteration or Partition of allocations
"Except in the case of eminent domain.... the common element interest, votes, and common expense liability allocated to any unit may not be altered without unanimous consent of all unit owners. THE COMMON ELEMENTS ARE NOT SUBJECT TO PARTITION..."

I will continue to look for any outline of a grievance, complaint, or appeal process, within title 68.

Your advice, opinion, and comments have been wonderful!

LOL ... that is good. With what this states I would agree with you that they cannot partition the common elements. Good research job!

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TinaS11 on 08/01/2017 3:55 PM
Question: if trees are being treated as building A trees and building B trees, does that mean they're being treated as limited common elements as opposed to common elements? Within the bylaws, the trees are not allocated to specific buildings.

NOPE ... The trees are NOT "limited common elements". A limited common element is something that is not available to ALL owners. The trees are in the open common area. An example of a limited common element would be for example if you have balconies, decks, or maybe hallways that are only accessible by specific owners.

TinaS11 (Pennsylvania)
Posts: 11

Posted:

UPDATE:

The president got back to me. She stated that because the condominiums were built prior to PA Title 68 that refers to not partitioning the common elements, that they are "grandfathered in" and it doesn't apply to them. Can this be true?

She also basically stated that because the two building are not completely uniform, the uniformity regulation cannot be applied.

TinaS11 (Pennsylvania)
Posts: 11

Posted:

Our condos were built in 1972 and title 68 was enacted in 1980. Only certain sub parts of title 68 are retroactive, and unfortunately 3208 is not...

BUT, I found out that the Unit Property Act of 1963 may still be applicable, I just need to show proof. The Unit Property Act was repealed and replaced by title 68 in 1980. It actually uses more favorable language in comparison to title 68 by saying that common elements must remain undivided.

thank you so much for all your help in this.

MaureenS4 (Florida)
Posts: 8

Posted:

Also check your local city ordinances regarding tree removals. For example, our city requires a permit if the trunk size is > 4". This directs enforcement to a higher power (city vs HOA) and may make it easier for you. If you think it may apply, contact Code Enforcement in your city.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TinaS11 on 08/04/2017 1:55 PM
UPDATE:

The president got back to me. She stated that because the condominiums were built prior to PA Title 68 that refers to not partitioning the common elements, that they are "grandfathered in" and it doesn't apply to them. Can this be true?

She also basically stated that because the two building are not completely uniform, the uniformity regulation cannot be applied.

Unless the legislators exempt prior HOA's ... then all move forward under the new laws. I potentially would call BS on the president. For example in past many HOA's did not allow flying US flags. However, many states have "updated" HOA statutes to allow such actions. Therefore, when the statute was enacted all HOA's are obligated to follow the NEW law moving forward.

GenoS (Florida)
Posts: 4,276

Posted:

Some new laws are retroactive, others may not be. It depends on the state. Florida, for example, holds contract rights sacrosanct and the state constitution says that no new laws may impair existing contract rights. Therefore, in HOAs built prior to the enactment of the HOA statute, only SOME of the new laws apply. There are exceptions when a broader public interest is concerned. There have been many court cases and arbitration decisions that clarify certain aspects of the question.

Not sure if Pennsylvania is the same - probably not. But check it out anyway

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