Homeowner outraged after returning to HOA's shocking act: 'Should I attempt to sue?'

A Florida homeowner went to r/legaladvice after coming to a head with their HOA.

After almost a decade of no issues, the resident finally got a first-hand experience of the neighborhood's notoriously problematic HOA.

It all started when they came home from work to find one of their native trees that sits directly on the property line being cut down without any prior warning or consent. The tree had been there for 20 years and survived multiple major hurricanes, providing privacy, shade, and protection to the home.

The OP explained that when they reached out to the HOA, they were told an arborist made the decision, and if they had a problem, to take legal action — a puzzling result considering the that homeowner's personal arborist came to the exact opposite conclusion.

The removal of the tree completely changed the dynamic of the yard, and the lack of shade caused the electric bill to go up. Certified letters, emails, and other attempts to arrange a meeting with the president of the HOA have all been ignored, leaving them torn on what to do next.

"I thought I should attempt to mediate first before going fully legal, but now I'm thinking I need to pursue legal action," the OP wrote in their post titled, "Should I attempt to sue?"

"Removing a 20 year old native heritage tree is complicated, even in Florida. Doubtful the HOA complied with any of the laws," one Redditor responded with a link to a guide for Florida tree protection laws. 

"If my HOA cut down a tree in my yard without prior notice, I would sue them," another replied.

"The problem with suing your HOA is that you are essentially suing yourself," a third warned, adding, "There might be insurance that would cover it."

HOAs, such as this one, are constant obstacles for homeowners trying to maintain native landscapes and gardens on their property. Often, these types of restrictions negatively impact homeowners and the environment, preventing them from all of the benefits that come from gardening. 

Should homeowners associations be able to determine what you grow in your garden? Yes 💯 Only if it impacts your neighbors 🏘️ Depends on what you're growing 🌼 Heck no 🙅 Click your choice to see results and speak your mind.

Native yards don't need nearly the amount of maintenance a traditional grass lawn requires. Homeowners save tons of time and money while minimizing the need for herbicides or pesticides, conserving water resources, and fortifying the soil. Sticking to natives also does pollinators and other wildlife a huge favor by providing critical food and shelter. 

Growing herb and vegetable gardens is like having a grocery store in your yard. No more dealing with the crazy prices of produce when you have your own. Not to mention, your food will taste better having spent less time off the vine before consumption. Studies have found that those who garden are healthier, both mentally and physically.

It's important to note that there are healthy, legal ways to work and reason with your HOA. Check out TCD's HOA Guide for step-by-step advice on how to enact change the right way. The sooner you do, the sooner you can save money, make your life easier, and reduce your carbon impact.

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