Pruning branches of wetland trees over my prooperty

Typically, one may prune branches at the property line (don't go into the wetlands to prune at the tree trunk).

That said, it wouldn't hurt to verify there isn't an issue with that with the army corp of engineers. This way, you will have the definitive answer and when challenged, can provide it to the HOA.

Tim B4

Below is the opinion of the US Army Corps of Engineers (ACE):

«« Mr. XXXXX,

The covenants provided are your community regulations and are not specific wetland restrictive covenants pertaining to a Department of the Army Permit.

As general guidance, Wetland Restrictive Covenants prohibit work in preserved buffers and wetlands with several exceptions. Of the exceptions are the “removal or trimming of vegetation hazardous to person or property or of timber dead of damaged due to natural disaster.” There are older covenants that do not contain this language; however, the Corps generally recognizes the exceptions in all cases.

The Corps does not make official determinations regarding the qualifications of the exceptions and leaves that to the property owner and HOA. In some instances, the HOA has rules that are more restrictive and may require additional documentation and/or restoration.

In instances where the vegetation is located adjacent to a homeowner's property (i.e. common area owned by an HOA), although the action may not require authorization from this office, permission does not grant authorization to remove or conduct work on another person or entities property.

I trust this provides you with the information you need for your files.

Sincerely, ACE »»

After hurricane Matthews (2016) a treecutter suggested to remove 3 loblollies leaning over my property. ACE allowed me to cut them provided I leave the timber on the wetland and do not grind the stump, which I did. Last year, way after the statute of limitation, the new elected BOD forced me to remove the timber under duress and I took it to court and recover the $500 cost. The BOD spent $1,000 to survey my lot and $2,500 in attorney's fees instead of settling for $500 or less. I hired an attorney, the matter was settled before going to court, I haven't seen the settlement document yet, the BOD used the association attorney paid by all owners, I had a heckuva time finding an attorney for such a trivial matter, in SC all avoid HOA disputes as there is little money for them to be made.

Pura Vida

Thank you for showing you already contacted the ACE (army corp of engineers) and posting their response.

Therefore, the issue appears to be your HOA and not the corp.

Suggest referencing the letter every time you request permission to trim from the board.
State that you are not asking for anything that apparently hasn't been approved for others in the past (based on your posting that everyone boarding the wetlands are doing the same thing).

Wait for their response.

If they say no, send a document (perhaps from your attorney) that you are of the understanding that the board is taking full responsibility for any damage caused by the limbs which the ACE gives permission to remove but the board does not.

Send all communication via certified, return receipt so there is proof if needed in the future.

Likely a board member who didn't fully understand and wasn't willing to take the time to understand.

If an ARB member stopped by, I would expect that the individual reported it and the committee responded. Be glad it was a quick response to put your contractors at ease.

If the Association does attempt to fine, ask for a hearing and explain the issue and name the committee member who stopped by and gave verbal approval.

Write it off as a lesson learned for the individual and don't dwell over it.

TimB4

You are most helpful and I appreciate the time and consideration.

I see you are from TN, I met once a good looking gal and asked her if she was from TN. She replied how did you guess, to which I said
when I look at you a 10 I see!

Have a blessed weekend and I will post later whatever happens, if anything.

Pura Vida

KellyM3

I fully agree with you. The problem is the HOA board, more specifically its president: It has the power to selectively fine any owner they don't like, put a lien over their property if you don't pay, knowing owners will pay the $25 pizzo rather than much more by getting a lawyer ... most attorneys will not deal with POA matters lest they get blacklisted by the area
real estate industry.

My mailbox got stolen one night, which is a federal crime. Our HOA president is a card-carrying union member of the powerful and corrupt NY NJ Port Authority,
known as the "Authority" ... the dots are easy to connect!

Pura Vida

Note: check Google for PIZZO (not pizza misspelled).

Pictures are worth 1000s of words. Get in the habit of pulling out your phone and documenting what you see.