One Arizona homeowner was devastated to find what their homeowners association had done the moment their back was turned, and they took to Reddit to find out what they could do about it.
"While I was on vacation, my HOA cut down a tree that had been on my property longer than me, 30 years, give or take," the original poster said in a thread on r/legaladvice. "It was well trimmed and healthy, kept off the side walk silhouette."
Despite their attentive care, the HOA apparently didn't approve, and it cut down the tree without notice. "I did not consent or approve of that," the original poster said. "I did not receive notification or request. The HOA has 3 forms of contact for me."
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Yes 💯 They were at a loss as to how to handle the situation. "What should I do next?" they asked. "What's a good action plan?"
It's not the first time that an overreaching HOA has decided a tree was in its way. While mature trees beautify homes, raise property values, prevent erosion, and provide fresh air and shade, HOAs can disapprove of them for blocking views or clashing with the look of a neighborhood.
Changing HOA bylaws can protect trees and other eco-friendly and valuable yard features. However, that's not a solution when the HOA has already gone ahead to remove a tree.
Sometimes, it's possible to hold an HOA accountable for unwanted tree removal. However, in this case, commenters weren't certain what options the original poster had.
"A few things will matter a lot," one user said. "Given the lot descriptions and HOA documents, who actually owned the tree? Does your HOA have any rules about yard or tree maintenance that you may have been in contravention of? Is the HOA itself responsible for tree maintenance? … The range of outcomes here starts with 'yep, the HOA screwed up and now owes you a replacement tree' all the way to, at the other extreme, 'it was never your tree to begin with.' You'll likely need a lawyer to help you."
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