Destruction of a Privacy Sight & Sound Barrier

Jason,

Welcome to the forum.
Sorry to hear of the difficulties you are dealing with.

I'm going to give you two options:

1) If the landscape was changed, the County might be able to help.
I know (from experience) that in Fairfax County, VA the board must maintain the landscape as it is - replacing dead trees with exact species or face fines from the county.
Check with your local zoning department and permit office.

2) To answer your direct question - gather support and serve on the board. This way, you can be part of the decisions vs. simply giving opinions on them.

Unless it violates some County code, the board tends to have full authority over the common areas.

Unfortunately, board members do have the right to make bad decisions as long as they are following the governing documents. As previously suggested the answer is either live with it or get on the board with like minded people and turn things around.

In reality, it says that assessments need to be higher so the reserves are fully funded.

The is a liability risk associated with diseased trees. Since the board was aware that they were diseased, doing nothing could have resulted in much higher expenses if the tree or limbs caused damage or injury.

Actually the trees were not diseased, I paid to have them examined by an arborists who reported that no issues existed. And even if that were the case, simply replacing the evergreens with the same species would have been far less expensive then hiring a landscaping firm to design an elaborate array of replacement shrubs, bushes and flowerbeds that didn’t fulfill the same function as the original.

I don’t mean to be argumentative but it just seems like fiduciary responsibility are there to prevent such occurrences of bad decision making from happening.

I know you stated that “board members do have the right to make bad decisions as long as they are following the governing documents”, even if that’s the case I can’t imagine it would absolve them from there fiduciary responsibility.

I don’t know if you can lump the HOA fiduciary responsibility in as part of “governing documents” but I do know they nevertheless that they must be followed. What I don’t understand is what mechanisms are out there and accessible for homeowners who are looking to hold board members accountable for their actions.

To get a good idea of what Jason is dealing with, see his post Common Property and Parking. In it you'll see his difficulties in getting other owners interested in their community and that he is not necessarily "able-bodied."

But it's very true that unless he can get support from his fellow owners I don't see how he can overcome a Board that, based on his other post, is very bad.

He is trying to learn about associations and even his own where, he states, the PM will not give him access to their governing docs.

I did read his other post which is why I stated that more than likely it will continue unless he and others step up or sue the HOA. I truly feel for him. It sickens me how much damage can be done by a bad board. Even a well run HOA can quickly go down hill if an unprofessional board takes control. I've lived in my HOA (Condos) for 5 years and will be moving soon. I'm not anti HOA but it's just not for me.

Ideally no one should move into an HOA environment unless they truly understand how it works and what the risks are. I realize this is not reality. Once you sign the closing papers, for good or bad, you are financially on the hook if things go wrong.

First I don't think the taking down of the trees effected anyone's home values. May have made it less attractive to purchase but by no means lowered property value.

Having had to deal with overgrown pine trees, it is better they are down diseased or not. They have an extremely shallow root system. Unlike other trees, they do not have the same root structure on top as they do on the bottom. Many trees are mirror images below ground as it is above. Pine trees tend to fall readily causing lots of damage. We had one that had frozen inside (no outside indication). When it thawed out quickly it fell on 2 houses. The HOA having to pick up the clean up bill.

Our HOA had lots of other issues that needed addressing that we choose NOT to do the tree project with our pines. It was atleast 2 - 5K per tree to remove. Plus the risk of damage to the homes below was a deterrent of us taking on the project. However, our trees were diseased and spreading. The houses between BOTH our neighborhood and one behind us were in danger.

Having seen what happens after one of these trees fall, if you at any kind of chance can remove them do it. I wish we could have and many of the residents did too. We just could not afford to do it unless we did special assessments. No one wanted to pay the money to get it done.

I'm sorry you're having these issues, Jason.

"Acting in good faith" is a hard to disprove. Boards can (and do) make bad decisions, but short of catching them on video, twirling mustaches and saying "we know this is a bad idea and we don't care!" you're going to have a hard row to hoe pursuing any sort of action against them. I know your arborist said the trees were fine, but the board may have an equally expert opinion that they weren't.

Roads, sidewalks, curbs, and streetlights are often city responsibility - forgive me if missed this in your OP but are you a gated community? Do the CCRS specifically call out that these are association maintained assets?

There is no such thing as an HOA that will never be a problem. No matter how well run an association is, it's always one election or manager change away from disaster. Not something a realtor is ever going to disclose, unfortunately. But then I don't think realtors understand HOAs anyway.

I prefer able minded....LOL

Whoops, wrong topic!

Jason,

I'm going to reiterate my previous posting.

One way to possibly get the trees back is to contact the local permitting office or zoning commission and make a complaint that the Association is no longer in compliance with their approved landscaping plan.

I know from experience that this works because our board was unaware of the requirement in Fairfax county and a member reported the change. We had to move quickly to correct or face fines.

We can discuss duty of loyalty, fiduciary duty, etc. all you want. However, that won't do anything to get your trees back.

Hope this helps,

Tim

Did you get your CC&Rs, yet, Jason?

Melissa has been writing the same thing about property values for at least 8 years. Ignore her on this topic. Pictures of the things that bother you will not help you figure out a way to have a better HOA.

Try to keep your own focus on what, if anything, you can do about an awful board. Tim & Augustin gave your resources to check.

Okay Kerry provide me proof that this landscaping issue is a direct result of the lawn project? Where is it? Show me that houses sold for less worth because of the gardening? You can not because home values are based on Real numbers. You can show me by showing me records of the home sales in the last 6 months to a year a decrease or an increase in money. You can not show me that the landscaping played a factor in what someone paid.

Show me where the project the OP board took that the homes sold less for because of the project. I do not take the words of Realtors on home values. I take the word of the bank that loans the money.

O.K, I'll play. You have obviously done your homework and spoke with many banks on this subject. Please share the information you have collected from all these banks.

You made a statement that I believe is false and I provided several sources to back up my claim. I eagerly await your sources showing that landscaping doesn't impact home values.

Get a copy of an appraisal form banks use for refinancing or purchase. Show me where on it has landscaping or anything lacking "pretty" on it.

Kerry - I’ve contacted my county assessor’s office asking how to get a hold of the documents, the gentleman on the phone didn’t have an immediate answer so we ended up exchanging emails. Hopefully I’ll have an answer soon. Parts of our local government offices are still short staffed due to Covid while others continue working from home, which basically mean delays on top of delays when trying to get information.

Lisa - I've touched on this in a previous post but the main issue is that more then half the units here are rentals and the board holds meetings at the management company’s offices located 45 minutes away. On even the best of turnouts there’s maybe two or three other homeowners beside myself that ever show up. On top of that I have a neurological disorder making everyday life extremely difficult, sitting on the board would be quite challenging to say the least, if it were even possible to ever get nominated or voted in.

What’s really shocking is there’s so much more going on here I’ve yet to post. It’s just so overwhelming I didn’t want to inundate everyone with more then needed as it would only serve to dilute current issues with others.

I’ve done what I can in documenting the condition of the neighborhood through pictures, many, many pictures, thousands throughout the years. When I contacted the arborists to ascertain the condition of the trees, he told me to try and get pictures of the freshly cut trunks and stumps once they were taken down. He went on to explain that any disease threatening their stability would be clearly apparent in the grain of the wood.

The trees were right next to my side yard, so one day as the crews were packing, I walked over with my camera to take pictures of the stumps. Standing there looking down through the viewfinder I was bum-rushed by one of the tree service employees. As I was being attacked the man yelled out that my HOA wanted me out of the neighborhood. I know crazy huh, this all gets so very complicated and confusing, but as I’ve been labeled as an agitator by the board for my consistent attendance at board meetings and for documenting the neighborhood condition in pictures I’ve actually become a target.

Long story short, I was injured during the attack, the police were called and the employee was charge with assault.

What’s important to take away from this has nothing to do with the physical assault but rather how did some 3rd party contractor know that my HOA wanted me out of the neighborhood!

There is supposed to be some expectations of confidentiality when dealing with and HOA along with a code of conduct that board members should be following.

Appraised Value Vs. Market Value: Knowing The Difference
SCOTT STEINBERG6-MINUTE READ

OCTOBER 21, 2021

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Wondering what your home’s appraised value is vs. its market value – and how both might impact a potential sale or home purchase? You’re not alone, as the appraised value of a property can often differ significantly from the same piece of real estate’s market value in practice.

This phenomenon occurs because a home’s appraised value (at odds with its market value) is a type of valuation that’s assigned to a property by a specific real estate professional at a specific point in time. On the flip side, market value is a variable that’s determined by larger market forces and economic conditions.

In effect, the appraised value of your home can change significantly over time with the market. Fair market value can also shift based on current economic and local market conditions, as well as the condition and age of the home as well as other factors.

To find out more about how appraised value vs. market value work, and how each term is defined by industry pros, we’ve put together a handy guide to these basic real estate principles.

Appraised Value Vs. Market Value
An appraised value is assigned to a property by a professional real estate appraiser. By way of contrast, the market value of a property is decided by buyers, who value real estate holdings based on what they think the price of a property should be … and, most importantly, what they are willing to pay for it.

What Is Appraised Value?

Both a home appraisal as well as a home assessment are relative measures that the real estate industry considers in its quest to ultimately determine the value of a home. But they are not one and the same.

Your home’s appraised value is determined by a state-licensed real estate professional known as an appraiser. Appraisers are typically engaged at the behest of the financial institution (bank, credit union, etc.) with which you hope to obtain a home mortgage loan. In effect, an appraisal is a property valuation that’s determined based on recent sale prices of properties in your area and other deciding factors. Appraisals (which can influence a home’s ultimate sales price and the amount of mortgage you can obtain) are conducted as a safeguard that helps ensure lenders don’t extend loans for more than homes are worth.

At the same time, take note: It’s usually the home buyer’s responsibility to pay for appraisal assessment as part of the process of applying for a home loan. Under typical mortgage lending scenarios, the buyer will go to a lender to obtain a mortgage, and the chosen lender will ask a licensed professional to consider all property details (interior and exterior) to arrive at a home appraisal value.

On the other hand, your home’s assessed value is a relative measure of its value that is instead utilized to determine the amount of property taxes that the government will levy on the building. As a general rule, appraisals are based on a more in-depth analysis than tax assessments, being a fundamental part of the mortgage underwriting and due diligence process.

Bank Appraisal

Of course, just because you know the meaning of a home appraisal and you need a professional appraisal, there’s other appraisal language that you should be familiar with when it comes to valuation as well.

As above, the term bank appraisal refers to an appraisal conducted by your financial lender, noting that it will not lend any more money to you than what the property is worth (based on the appraised value that your lender has ultimately arrived at). Note that in the event your bank appraisal comes in under the amount of mortgage you have applied for, it’s common to seek out a second opinion if you feel the first home appraiser’s findings are too low.

Tax Appraisal

A tax appraisal instead refers to the value which a government tax assessor has assigned to your property. These assessors – employed at the behest of cities, municipalities, towns and other local government entities – will review property data and visit local homes to determine their assessed value. A variety of factors such as home inspection findings, historical property data and comparative market analysis will be considered as they work to arrive at a property’s assessed value.

An assessed value helps local and county governments to determine how much property tax a homeowner will pay. Sums collected as property taxes are used to pay for public services, public works and other civic benefits.

For clarity’s sake, be advised: Having a home appraisal conducted won’t raise your property taxes, as the tax appraised value is determined by the county assessor’s valuation (performed using a different methodology).

What Is Market Value?

Market value refers to the actual value of your property when placed at sale on the open market. It’s determined by buyers and defined as the amount they are willing to pay for purchasing the home.

Regardless of appraised or assessed value, market value is essentially the amount that buyers are willing to pay for your property and what they think the value of the home is.

In other words, the government can think your home is worth a certain amount, the bank another and buyers still less or more than what your property’s appraised or assessed value. If you’re confused, we don’t blame you.

Market Value Scenario

For example, Bob may wish to sell his property for $300,000. But if prospective buyer Zoe can only afford $250,000, she might put in an offer for this amount or somewhere between the two sums (if it’s a competitive market). Many different scenarios might come into play when it comes to the home buying process and reaching a fair market value – however, as a general rule, the more competitive the market, the higher the market value you might expect to see on a home.

https://www.appraisalinstitute.org/landscaping-can-significantly-impact-home-values-appraisal-institute-says/

You are exactly right Kerry. The reason I posted these links is for the benefit of any new visitors that might be reading Melissa's nonsense.

Wow, it sounds like we may live in the same condominium community... with identical board who has a different view of "fiduciary responsibility and duties. My board took their tree cutting to next levels... mix in using landscapers and not licensed arborist in Maryland.. then pushed felled trees down into the state park embankment ..if the trees were "diseased" then how could they illegal dump them in the state park to infect the entire forest?.

And my bod chose retaliation, and after cutting trees, etc, then added new picnic areas... note we already have a designated picnic area that is in a nice Grove and has grills etc... but the board used hoa funds and purchased additional picnic tables and benches to deliberately place outside a few specific condo owners bedrooms. They all once had unobstructed views of designated openspace and the state park and woods.
All was done in private by board and was a shock to owners who were told that the bod will not move nor discuss the new ugly picnic tables and benches.

And after the extensive unbudgeted landscaping projects behind a few other buildings, the board spent $6k to plant trees specifically to give privacyto board members.
The other trees removed that were supposed to be replaced were not, and the owners have lost privacy and niw have picnic tables that are on a dead end to the state park and are utilized more by ta new smokers hangout.

Fun times...

Boards forgetting their fiduciary responsibility and duties and choosing to act poorly, is beyond difficult..and the bod president kept telling us to sue... but why would we wast hoa funds to force them to uphold their fiduciary responsibility .

It has been frustrating and tiring, the wasted money, the negative bullying....

And I find it fascinating that the bod president had trees on her private sfh property up the street that had fallen or cut down and about the same time..

And yet I'm the troublemaker for questioning fiduciary responsibility and for reporting illegal dumping in the state park and... geez..

Why does it seem that people are on the boards for decades because of the "perks" or for their own selfish agendas... and if anyone calls them out on this, they are vilified..

Nicole, sometimes it not because of someones selfish agenda. There is probably more to the OP post that is not being reported. I joined the board because previous board members were just passive on landscaping.
The original landscapers were eventually fired by the previous board because enough homeowners banded together to demand the destruction stop. Just because a landscaper is cheap don't mean you keep them
on the payroll especially when they destroy brand new landscaping.

The problem in my community was two fold. One was landscapers that just bushwhacked everything from flowering shrubs to weed whacking fountain grass down to the nub. Then we had trees
with evasive root systems that were gong to be a financial liability. It Has taken literally three years that I have been on the board, the first six months effected some change. We were abel to
get both entrances landscaped at a reasonable cost with limited plants that will eventually grow up and out. Second was getting the our community an Identity, The builder neglected to get a monument or a
gate sign for our community. The battle was won and a really nice gate sign was installed at both gates.

Most often aging trees need to be removed because of age or disease. Granted those pines in the OP's post provided shade and a noise barrier. It is wise to consult with a local nursery and or arborist
for a landscaping plan that will be ideal and beneficial to the community.

Agree about the property value of landscaping is absolutely linked.
After appraiser for my condo, noted a forest unobstructed view , which I had, is worth a premium, and at the time he noted this detail and compared why my property value was thousands higher than a similar property but had obstructed and only parking lot cement views...

Trees, and high quality landscaping absolutely impacts the community and the long-term "pride in the community.

Unfortunately, the removal of the dozen+ mature trees, mix in with a horrible landscaper, that everyone in community complained about,

Another consideration, as I was one voice against the bod, but my hoa bod overspend the approved budget for their landscaping projects and tree removal and then the planting of new trees for the board members, the unbudgeted project included drainage and grading, and was over $45k... and was over the % threshold of overspending over the approved budget without seeking community approval for additional spending.
My bod used the pandemic to their advantage for this..

So, a thought to consider... if the $ spent was 15% more than the approved budget and projects.. it also validates your concerns , similarly your property value concerns with the landscaping and tree removal... is absolutely valid...