Tree trimming homeowner's trees

I want to get some informed answers on how other HOAs might handle this situation. We are in Florida, land of palm trees and hurricanes. When our community was developed, the developer landscaped much of the area with coconut palms that are now 20 feet or more tall. The issue with coconut palms is that they actually grow coconuts at least once and sometimes twice a year. It is normal practice to removed the coconuts before hurricane season because if we have a hurricane the coconuts can act like cannon balls in the high winds and do damage to the houses.

The HOA pays to remove all the coconuts on our property plus also all the coconuts on the property of the homes where the association is responsible for landscaping and lawn care. We have about 200 homes that do not receive landscaping - they are responsible for their own landscaping and tree trimming.

Because the trees are so tall and it requires a lift truck it can be expensive to get the trees trimmed. In the past we sent out letters asking homeowners to voluntarily trim the trees but we did not send out violation notices because past boards did not think that the association had the right to tell people to trim their trees. Plus it would be a lot of violations - 1/3 to 1/2 of the homes right now need to have their coconuts removed.

Depending on your landscaper, it can cost up to $100 per tree for coconut removal. Our landscaper has offered a great deal to homeowners, $40 per tree if we can get 20 homeowners to agree to make it worth their time. However, so far we are only getting a few people responding to this offer.

I'm posting a paragraph on maintenance from our declaraton below. It appears that the association could go in and have the trees trimmed as long as we give notice and then bill the homeowner. However, I'm not sure if this is something we really want to start doing. We usually do not go on homeowner property for maintenance, we just send violations and fine if necessary. Most of these trees are in front yards so would be easy to reach.

I'm wondering if any of your associations perform work like this if the homeowner refuses. I would appreciate your input.

7.4 Remedies for Noncompliance. In the event of the failure of an Owner to maintain or cause to be maintained, his Home, Lot, or Condominium Property, in accordance with this Article, the Master Association or applicable Condominium Association (whichever at the time has the power or duty to enforce this Article, pursuant to Article 12 hereof) shall have the right (but not the obligation), upon five (5) days’ prior written notice to the Owner at the address last appearing in the records of the Master Association, to enter upon the Owner’s Parcel and perform such work as is necessary to bring the Parcel, as applicable, into compliance with the standards set forth in this Article. Such work may include, but shall not necessarily be limited to, the cutting/trimming of grass, trees and shrubs; the removal (by spraying or otherwise) of weeds and other vegetation; the repairing of Community Systems, if needed, the resodding or replanting of grass, trees or shrubs, the repainting or re-staining of exterior surfaces of a Home; the repair of walls, fences, roofs, doors, windows and other portions of a Home or other structures or Improvements on a Lot; and such other remedial work as is judged necessary by the applicable entity. The remedies provided for herein do not limit the Master Association from pursuing alternative remedies. The remedies provided for herein shall be cumulative with all other remedies available under this Master Declaration or other applicable covenants or deed restrictions (including, without limitation, the imposition of fines or Charges or the filing of legal or equitable actions).

Lori,

I asked a similar question to our property manager. Her answer was yes, we can but she doesn't recommend it. Why? It is out of scope of the management contract, so she would have to charge $90/hour for adding the bills to the homeowner account, and then $90/hour to follow up with homeowners who don't pay. Ultimately, she said that any cost savings we realized would be eaten up by the management fees.

Rather than the HOA do it, she recommended that we have a volunteer in the neighorhood collect the money and hire the vendor as a non-HOA activity.

That is what our PM said. You might reach out to yours and see what he/she thinks.

A right or not, entering someone's property can be a dangerous thing to do.

Thanks for all the thoughts and suggestions. Just to be clear, these coconut palms are on the private property of single-family homes in our HOA. They do not contract with the HOA for landscaping or tree trimming so each homeowner there is responsible for their own landscaping. So we can't "fire" the landscapers who are not trimming these coconut trees. And they are huge - 20 years old and way taller than any pole could reach, which is why a lift truck is needed to trim them.

We are encouraging homeowners to get rid of the coconut trees. Sometimes the ACC does not even make them get a replacement tree. We are also going to gradually replace all the coconuts on the common area because the cost of maintenance of the trees is really high. Yet another way we were screwed by the developer when he landscaped the development.

At this point we have had a fair response to letters asking for homeowners to voluntarily sign up for the $40 per tree trimming. Next is sending out violations. I don't think we are going to give notice then trim the trees and bill the homeowner - too many ways to get complaints and for things to go wrong.

Let me get this straight. You are going to send out violations for a type of tree in the common areas due to a perceived threat that has never happened? The HOA can have these trees but if homeowners do they get fined? Hypocritical? You are also going to allow other items that a hurricane could fling to be allowed?

Wow. Talk about selective enforcement and not being logical?

I have family down there my sister ties up all her lawn furniture. Which is just as likely to get picked up by a hurricane