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MarkB30 (Florida)
Posts: 3
Posted:
We have a landscape committee that has absolutely no experperince in horticuliture or landscape. I planted two small tree after filling out a application. They reluctantly approved it for various reasons. 6 months later they slashed one tree down in middle of the night and put round-up on the other tree. I paid $400 for these two trees.
What is the best way to get rid of this committee. The committee is either on the board or buddies with board members.

thanks
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mark,

If you have actual proof - go to the board.

If you are on the board - get board approval (and expect the board to start picking up the work the committee was doing).
SheliaH (Indiana)
Posts: 6,964
Posted:
You might also volunteer to join the committee. I know you're upset about the trees and should be, but that means the committee should be tossed altogether. It may be they didn't have experience with your tree - in which case you could have provided information about the trees at the time you submitted your exterior change request.

You also said they "reluctantly approved it for various reasons", but didn't say what the reasons were or how you addressed them at that time. No one knows everything, and maybe a little more communication - on BOTH SIDES - could have prevented this.

If you haven't already done so, go to the board and talk about what happened to the trees. You said all this happened in the middle of the night, which seems really odd - are you SURE the board is responsible? If you have proof, present it and ask for compensation, and if they balk, talk to a private attorney about your options. Once this issue gets resolved, you can offer your services on the committee (they may be happy for a volunteer to talk something off their plate). Good luck in whatever you choose to do.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MichaelS56 (Minnesota)
Posts: 858
Posted:
Our Landscape committee only makes recommendations to the Board of Directors. The committee is made of unelected volunteers and in our opinion should not be making final decisions. As for your situation your landscaping was vandalized, I would call the police and file a report. Hopefully the police will interview the Board members, and anyone involved with the vandalism.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Check your bylaws to see if this committee is even required, or if it's optional. Typically, committees serve at the pleasure of the board, members can be removed with or without cause, and the entire committee can be disbanded altogether unless it's required by the bylaws.

If the committee members are buddies with the board, you may have an uphill battle, though. In which case...

Aside from handing the board the bill for the damaged trees, you may also want to discuss liability - this should get the attention of competent board members.

In addition to damage to personal property, the board needs to consider what can happen if uninsured volunteers are doing physical labor or are dealing with chemicals. (Seriously, is nobody paying attention to the Roundup lawsuits?) Even if these committee members are covered by workers comp and other insurance, that may not protect the HOA if a committee member ends up with cancer and decides to sue the HOA because of alleged chemical exposure. Competent boards generally employ lawn care professionals who are trained and insured by their employers - clearly not what's going on in this case.

Use of volunteers for physical labor would get my attention, even if they hadn't damaged my property. I'd be sending the board a letter specifically addressing insurance needs and the possibility of lawsuits.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Also, this blew right past me: why is the HOA even dealing with individual lots? Generally homeowners are responsible for maintaining their own property. In the few instances I've come across where the HOA does take care of some of this maintenance, it's been limited to cutting grass and other very routine stuff. They would not have done anything to individual bushes or trees.

If the trees were planted on common area, though, a homeowner may not have any recourse. The board in my condo community reminds us that we can plant flowers in the mulched beds around our homes, but the association will not be responsible for anything that happens to them. It's very much "at your own risk".
MaxB4
Posts: 3,513
Posted:
I have dealt with a number of SFRs that have architectural guidelines that deal with landscaping, what kind of trees to plant, etc. This is not uncommon.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MarkB30 on 02/08/2023 2:36 AM
We have a landscape committee that has absolutely no experperince in horticuliture or landscape. I planted two small tree after filling out a application. They reluctantly approved it for various reasons. 6 months later they slashed one tree down in middle of the night and put round-up on the other tree. I paid $400 for these two trees.
What is the best way to get rid of this committee. The committee is either on the board or buddies with board members.

thanks

Without due process, I would file a police report for trespassing and vandalism.
KerryL1 (California)
Posts: 14,550
Posted:
Please do clarify: Where were these trees: Your lot? Common area?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our HOA you owned the house and the lot the house sat on. Everything else was "Common area" owned by the HOA. You did have some "Exclusive use" area but otherwise it was controlled/owned by the HOA. That is because our HOA was responsible for lawncare. It was in our CC&R's as our only official responsibility.

We did not have a landscape committee. Just hired a lawncare service. Which did find that Lawncare "professionals" don't have a clue on what is a flower or a weed. They ripped up a few people's plants over the years thinking they were weeds. Our HOA did need to grant permissions for tree planting. That is because certain trees were not optimal for the space one may have. We restricted trees like Bradford Pears or those that grew over 20 feet. Those trees and the height caused issues the most.

I would bring it up to the Board what happened. The Board should had the final say on approvements. Unfortunately the most you may be entitled to is the cost of the trees you lost.

Former HOA President

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