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Homeowner questions legal recourse after HOA makes disastrous decision: 'You might want to contact your state'

"They can take any disturbances around waterways kind of seriously if they aren't done correctly."

"They can take any disturbances around waterways kind of seriously if they aren't done correctly."

Photo Credit: iStock

A homeowner on r/legaladvice ran into environmental issues after their HOA cut down vegetation near a creek in their backyard.

The OP said: "About a year ago, our HOA decided to cut down trees and brush in our land. …  Since the HOA recently removed the trees/brush … on the other side of the creek, that land is now completely underwater."

Most commenters advised them to get a lawyer, which was solid advice. The top comment, however, made another good point.

"You might want to contact your state or local environmental protection agency," they said. "They can take any disturbances around waterways kind of seriously if they aren't done correctly."

Why is cutting down trees around creeks a no-no? According to the Spring Creek Coalition, doing so can lead to bank erosion, which is what happened in the OP's backyard. 

Trees and shrubbery also provide food and shade for fish and other animals as well as protect creeks and other waterways from pollutants. Removing them drastically changes conditions, disrupting the delicate balance of aquatic ecosystems

If you want to clear shrubbery, do so mindfully. The SCC recommends building small paths to a creek, rather than clearing everything. The OP's homeowners association unfortunately didn't take that into account. 

Dealing with HOAs can often be a pain in the neck. They're known for opposing solar panels, electric car chargers, and other eco-friendly home updates. Sometimes, as proved by the OP, they make environmentally damaging decisions.

If you're having issues with your HOA, check out The Cool Down's HOA guide. It'll help you effectively communicate with your HOA to make the environmentally conscious changes you want on your property.

Should HOAs be able to force homeowners to change their yards?

Absolutely not 💯

Yes — it's part of the deal 🤝

Only in extreme circumstances 🏚️

We should ban HOAs 🚫

Click your choice to see results and speak your mind.

The OP crossposted their story to r/treelaw, where a commenter said, "Trees have value and they weren't theirs to cut."

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