owner removed new planting

We just completed all of our landscaping work for the year. We planted 3 new bushes in common area in front of a unit. The owner stopped a person walking their dog and complained to them that she wasn't asked about planting them there and she doesn't like them. Said they thought they will grow too tall. The dog walker reported this to the board. This owner never called or contacted anyone on the board personally. The board discussed at or meeting the next week and was in the process of sending the owner a letter stating that we have finished all landscaping work for this year and we would address her concerns in the Spring, and possibly have them moved if the board agreed to do so.

Before we could communicate this to the owner, they dug out and disposed of the bushes. The cost to the association from the landscaper is over $500.00 for the planting, bushes, etc. They had only been in the ground a week.

The board believes she should reimburse us for the cost.

How should this be handled. Hate to get a lawyer involved, that will be another $500.00.

Do we send her a registered letter stating she will be assessed these costs as she had no right to remove them?

I agree with you, but do you have any witnesses who saw this owner dig up the plants? You'll need statements from him/her/them is this escalates to legal action. A statement from the dog walker would also help, especially if he witnessed this.

While you're gathering evidence, send your letter- for now I'd treat it as a CCR violation (which it is). Take a time and date stamped photo of the area (you should have already done that) and send a copy to her with your letter. Give her 15 business days to respond (start with the date of the letter and count - skip weekends and holidays). Send the letter via certified mail with a return receipt requested so she has to sign for it.

If she refuses the letter or tells you to go play in traffic, send another letter- sterner language and a 5 or 10 day response time. If the answer is still hell to the naw, you should have what you need to pursue this in small claims court, where you won't need an attorney. You can Google "how to win in small claims court" or read old conversations on this website for best practices.

Keep a timeline of what you do and when. Send a copy to your association attorney or wait until 6ou need another letter and then send both to him or her. Hopefully, you won't need to pursue it further, but if you do, you can always request that legal expenses incurred by the association in pursuing this be awarded to the association, along with the $500. Good luck!

Add: the owner who did this is a witness and they probably will admit to it if you ask them.

owner has admitted she had a friend remove the plantings. She said they were dead. They haven't even been in the ground for 2 weeks. They were not dead. We even had another owner water them during the week.
our docs state
Each member shall immediately reimburse the association for ny expenditures incurred in repairing or replacing any part of the common elements in any manner damaged by him, any member of his family, tenant or any other user or occupant of his unit.

I will check with the board and see if they want a police report filed and we will begin the process of sending her letters seeking reimbursement.

I agree. No need for the police.

Because in the unlikely event this were to end up in court, the HOA has an independent party who conducted an investigation.

Where did you read this event was caught on security cameras?

I wrote "generally," Dean. The other cases were simply a written report by a resident or staffer--nowadays, often a pic is taken.

But is it the cae that powers have no rights to play thier case to th Board? As I required in CA and some other states? What about Wisc?

Does Wisc. require a herig efore the Board before disciplinary action can be taken? Or duo your own docs, Ann?