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MarniD (Florida)
Posts: 39
Posted:
We just found out that the Town is demanding that the homeowners put in "canopy" trees on our property. Most of us have lived in our community for at least 5 years, and some as much as 10. In my lot in particular, I already have 2 large Crepe Myrtle which I will need to destroy to put in this canopy tree. They want it close to the sidewalk about 5 ft. which will cause a lot of damage to our homes, Oaks are invasive as well as Southern Magnolia which are invasive trees and from what I have been told should never be put on a small lot because it can lift up the brick paver driveways as well as the sidewalk. Our lot is almost a zero lot so how can a huge tree be a good thing? We also have an HOA which insists we keep our grass in good shape, but the trees will not allow growth of the grass on top of everything else. The Town has these trees on the main street and all of the homes have no grass, it's dead and the sidewalks are buckling and broken in many areas. Most homes in our community have solar panels as well. I called my Solar company and they said this would reduce the effectiveness of our system. As I said, we all have lived here and this is a new thing with the Town making these demands. It is an ordinance from 2016 they are just now enforcing. Suggestions? These trees are inappropriate for our community.
AugustinD
Posts: 1,027
Posted:
Is this how the HOA Board feels? If so, I suggest the HOA board consult with a local attorney specialized in "land use." Said attorney should be able to comment intelligently on your options here, including whether the municipal code allows for variances, whether the delay in enforcement counts for anything legally, whether it's worthwhile for the attorney to write a letter to the city, and so on.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Marni,

Typically, when site plans are approved with the County or Municipality, one of them includes landscaping. I've discovered, the hard way, that trees must be planted and maintained according to the approved plan or the Association faces monetary penalties.

Basically, it boils down to EPA requirements (x vegetation taken out to build, x vegetation must be planted to replace what was taken out).

Our board, unaware of this requirement, removed trees and were not going to replace them with the exact type. A knowledgeable owner made a complaint to the zoning board. We faced substantial fines if we didn't replace the trees per the approved plan within two weeks.

Your board, might not have a choice.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our city has an actual "Tree board". You can get the proper education on trees from them. If you don't have one, then contact an Arborist for suggestions. Not all trees are good trees. A Bradford pear is a good example. Very pretty but easily breaks/smells/makes a mess.

I would ask the HOA to bring in an actual expert in trees before making any kind of decisions.

Former HOA President
MarniD (Florida)
Posts: 39
Posted:
Are you always this belligerent or is this just a bad day for you? No need to be nasty in life.
MarniD (Florida)
Posts: 39
Posted:
By the way, I am speaking about Mark.

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