A Redditor posted on the site seeking help and advice regarding an issue with a tree on their property and a frivolous HOA lawsuit.
Posting in the r/legaladvice subreddit, the Colorado resident described a situation in which the HOA filed suit over a tree on their property that it alleged was impacting other properties around it.
"I received a letter this morning informing me that my tree is causing 'damage' to the patios of my neighbor's," they said. "In the letter they claim that my tree is leaning and causing damage to the fence. The tree is not leaning, the fence is leaning because it is old and the only thing that it needs to prevent this is to simply replace the post. How do I fight this? The tree is a huge reason I bought this place and I refuse to cut it down."
The poster also noted that they'd talked to their neighbor, who said she also loved the tree and didn't find that it had caused any damage to the patio or fence, so it was solely an HOA issue.
Overbearing HOAs are a nuisance across the country. Their purpose is to ensure that property values don't dip, but the ways in which they do that can be authoritarian and sometimes misguided — like in this case, where cutting down a mature tree would likely hurt the value of the original poster's home.
Among HOAs' more infamous overreaches, there are cases of banning backyard gardening and composting, pruning and scorching trees on people's properties, and, most frequently, trying to ban the use of solar panels.
Dealing with these groups can be an exercise in frustration and annoyance, but fortunately, TCD has a handy guide to help you learn to work with them to change bylaws and enable you to live a greener, healthier life without running afoul of your local HOA.
Commenters in this case were quick to offer advice.
"Get an arborist to write a professional report about the health of the tree and any damage that the tree is causing," one said.
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Should homeowners associations be able to determine what you grow in your garden?
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Yes 💯 "Get a lawyer to review the restrictive covenants in your deed," said another. "It should explain what your HOA can and can't enforce, I believe."
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