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Tree Removal / Need Help

Started by AngelicaF1 • 13 replies • 1835 views

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AngelicaF1 (Arizona)
Posts: 2
Posted:
We have recently closed on a lot and are getting ready to lay the foundation. When the surveyor came to stake out the property walls they noticed that 2 existing trees on our lot were in the way and would have to be removed or replaced. We originally wanted to keep these trees but now realize they have to go.
Our HOA is refusing to allow us to remove, move or replace these trees. OUr builder just wants to cut them down and says that the HOA does not have any rights to what we do with those trees.
We don't want this to get ugly and want to work with the HOA. We had a tree survyor come out and tell us the trees could not be moved as they are infested with some thing that will cause them to die eventually anyways. We have offered to purchase 2 healty mature trees to replace the 2 we need to remove but the HOA does not want to budge.

If the builder just cuts them down what sort of consequiences do we face and does anyone know if the HOA really had the power to tell us what to do with them?

Thank you,
DonnaS (Tennessee)
Posts: 5,671
Posted:

Hi AngelicaF1,
Sorry to hear that your HOA is being so unwilling to hear you on your willingness to replace those trees with new ones.
You will need to check the association docs to see if they have an architectural review committee and any rules or guidelines that they might have reguarding tree removal and replacement.
You purchased the lot in good faith with intentions to put a house on it. Show the HOA a letter from the tree surveyor, that indeed the trees are infested and cannot be moved. Is a developer still involved in the developement? Unless the BOD can show just cause why those trees cannot be replaced, I would say that they have no ground to stand on. This is a Board abuse of power. And I am a board officer stating this.
MicheleD (Kentucky)
Posts: 4,491
Posted:
It's my understanding that the clauses that address trees on lots generally refer to trees that have been installed AFTER the construction of the new home.

Our CC&Rs required that the homeowner install 2 trees in their front yards, one tree being 1.5 inches in diameter and one tree being 2.0 inches in diameter. The trees are required to be installed within a certain number of days after new construction is completed AND they cannot be cut down or moved without written approval from the board. That does not mean that they CAN'T be cut down or moved, only that the board has to assess the reasons why the removal is wanted and whether replacement trees in another part of the yard would be required.

Therefore, lots that have no home constructed on them do not fall under the tree requirements. So any trees existing on a vacant lot can be dealt with at the owner's discretion.

JC3
Posts: 290
Posted:
Heck, you're already having problems with the board. Cut your losses and run F-A-S-T!
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By AngelicaF1 on 10/06/2007 5:33 PM
We have recently closed on a lot and are getting ready to lay the foundation. When the surveyor came to stake out the property walls they noticed that 2 existing trees on our lot were in the way and would have to be removed or replaced. We originally wanted to keep these trees but now realize they have to go.
Our HOA is refusing to allow us to remove, move or replace these trees. OUr builder just wants to cut them down and says that the HOA does not have any rights to what we do with those trees.
We don't want this to get ugly and want to work with the HOA. We had a tree survyor come out and tell us the trees could not be moved as they are infested with some thing that will cause them to die eventually anyways. We have offered to purchase 2 healty mature trees to replace the 2 we need to remove but the HOA does not want to budge.

If the builder just cuts them down what sort of consequiences do we face and does anyone know if the HOA really had the power to tell us what to do with them?

Thank you,

The HOA most likely does have authority over removal of the trees. It's all spelled out in your CC&Rs. Your builder is wrong. If he cuts them down, you, not the builder are responsible. There may also be local ordinances governing tree removal. Again, you are responsible. Do you want to start life in a community on the wrong foot with your HOA by violating it's CC&Rs?

Have you met personally with the HOA? Brought documentation on the health of the trees and the need to move or remove them? Has the HOA given you an alternative? There should be room for compromise here.
Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By MicheleD on 10/06/2007 6:12 PM
It's my understanding that the clauses that address trees on lots generally refer to trees that have been installed AFTER the construction of the new home. .............
Therefore, lots that have no home constructed on them do not fall under the tree requirements. So any trees existing on a vacant lot can be dealt with at the owner's discretion.

Nope. From ours:

"SECTION 14 – Aesthetics, Mature Growth, Screening, Underground Utilities. Trees which have a diameter in excess of six (6”) inches measured at (6’) feet above ground level, and distinctive flora, shall not be intentionally destroyed or removed except with the prior approval, in writing, of the Architectural Control Committee. The Owner must provide a tree survey, building plans and lot plans, also showing landscape plans and drainage plans to be submitted to the Developer or the Architectural Control Committee. ..............."

Trees larger that ten inches in diameter also require permission from the city.
Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By JC3 on 10/06/2007 7:28 PM
Heck, you're already having problems with the board. Cut your losses and run F-A-S-T!

Now that's just bad advice.
Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By DonnaS on 10/06/2007 5:49 PM

Hi AngelicaF1,
Sorry to hear that your HOA is being so unwilling to hear you on your willingness to replace those trees with new ones.
You will need to check the association docs to see if they have an architectural review committee and any rules or guidelines that they might have reguarding tree removal and replacement.
You purchased the lot in good faith with intentions to put a house on it. Show the HOA a letter from the tree surveyor, that indeed the trees are infested and cannot be moved. Is a developer still involved in the developement? Unless the BOD can show just cause why those trees cannot be replaced, I would say that they have no ground to stand on. This is a Board abuse of power. And I am a board officer stating this.

Donna, I do agree with you that the board should be willing to work with the lot owners. There may be more to this story than we are aware of.
Ron
SC
JoeW1 (New York)
Posts: 728
Posted:
AngelicaF1 - You've closed on the lot so running as fast as you can is not a realistic approach. Is the location of the building/foundation able to be relocated, or is the area for construction surveyed and demarcated the most ideal, or only area that construction can occur. Has the tree surveyor provided a written report of the tree infestation? If so, provide it to the Board with a cover letter that while you understand and respect the Board's position and HOA guidelines, given the condition of the trees, construction of your home will be mutually beneficial to all parties concerned. You may also try to get your borough on your side since they would love to see a home built to collect more taxes.
BradP (Kansas)
Posts: 2,640
Posted:
Angelica:

First you need to read your docs, as Ron pointed out some do refer to mature trees. My documents don't because we were a new development with no existing trees. The last thing you want to do is start off on the wrong foot by knocking down trees if you need approval.

As many have suggested you have options...one is to look at alternatives for the foundation on the lot, can it be moved and avoid the tree roots without violations setback lines or easements. The other thing you need to do is meet with the board, show them a letter from your surveyor that says what the issue is. Tell them you are willing to replace the trees, etc.

If none of this works then you have more options, but this is the first step.
AngelicaF1 (Arizona)
Posts: 2
Posted:
Thank you for your reply. We have found a little more information as to why the HOA wants those trees to stay. We thought it would be a good idea to speak to the owners of the home just to the east of our lot as the trees in mention our between our properties.
We were given the impression that the reason the trees needed to stay was to preserve the integrity of the landscape and to offer our neighbors some privacy between our two homes. When speaking with the actual home owner we found out that he purchased his property from our HOA president and that the president told them she would make sure that whom ever bought the lot would keep the 2 trees where they are so that it ensured a certain amount of distance between their home and our future home. Keep in mind these trees are completely with in our buildable envelope.
JoeW1 (New York)
Posts: 728
Posted:
AngelicaF1 - The President has no right to create setbacks in between dwellings that are not currently part of your ordinances. Don't you have a building code department at your borough's municipal facilities? I'd inquire there as to the setbacks and distances in between dwellings and present those facts to the HOA.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Angelica,

See what happens when someone makes a "promise" that should not have been made? No President of any association or better yet, no seller of a property can make a promise to anyone reguarding what the buyers will do on their new property.
I am so happy to hear that you started a dialog with these people who will be your neighbors. Will they be happy to hear that you are going to install new tress in a much more conveniant location? I don't know but you did the right thing in approaching this with them.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By DonnaS on 10/08/2007 12:59 PM

Angelica,
No President of any association or better yet, no seller of a property can make a promise to anyone reguarding what the buyers will do on their new property.
I am so happy to hear that you started a dialog with these people who will be your neighbors. Will they be happy to hear that you are going to install new tress in a much more conveniant location? I don't know but you did the right thing in approaching this with them.

In many ways, the CC&Rs are a promise of what buyers will do with their property. Of course, this is in writing and known to the purchasers before they purchase the property.

You are correct that a seller can make no promise that's not in the CC&Rs and what this person did was wrong and he or she is abusing the power of the office by rejecting the proposed tree removal.

You are also correct that starting a dialog with the neighbors is a good idea.
Ron
SC

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