Homeowner pushes back after HOA demands removal of beloved trees: 'I urged them to at least delay'

Homeowners associations remain an incredibly controversial topic, and an example on Reddit highlights just how absurd they can be. 

In the r/treelaw subreddit, a couple shared an email they had received from their HOA after living in their newly bought townhouse for a few months. 

Unfortunately, they were told that all the cherry and maple trees on their property — which were a big reason they fell in love with the home — would have to be cut down within six days.

According to the HOA, there were eight reasons for removing those trees, including the need to eliminate potential damage to water lines and foundations from the roots and the proximity of the trees to the house.

"All their reasons are total bs," one Redditor commented. "Roots don't damage foundations or water lines that are in good repair. They seek out leaky lines due to the water."

And another confirmed: "I had an issue with an HOA drain pipe that was clogged with roots. (…) The contractor that they sent out to verify this told me there was no such thing as a bad tree, only bad pipes."

The thing is, HOAs can ask tenants to make changes to their property, as expensive or sudden as those are. 

Meanwhile, residents looking to upgrade their home to save money and embrace a more eco-friendly way of living by installing solar panels on their roof, for instance, are often faced with strict guidelines.

Faced with such short notice, the Redditor mobilized by asking the HOA for evidence of damage, warning the neighbors, and calling on legal aid, especially as they discovered birds nesting in one of the trees.

"I urged them to at least delay the tree cutting until fall to allow the birds to finish nesting and to wait for cooler weather," the couple wrote. "It's going to be 90-plus degrees the next week, and my AC already struggles. I can't imagine not having that shade tree."

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According to one of the subreddit's community members, it is illegal for the HOA to cut down the three trees where birds were nesting without a permit from the U.S. Fish and Wildlife Service. 

"There literally is a 'bird law' in the federal code — The Migratory Bird Treaty Act," they explained.

Other Redditors advised the couple to talk to an arborist about the potential damage, to hire "a big scary lawyer" to dissuade the HOA from going to trial, and to check the state laws on tree-removal permitting.

In a final update, the original poster said that they had not only obtained a delay until fall, but that a vote within the community would be held on that matter.

"I'm guessing [the HOA had] never had pushback like this," they added. "They seemed surprised but also appreciative of our criticisms. I'm glad this is over and I don't have to keep peeking out the blinds."

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