Even after doing everything right, one homeowner in Orange County, Florida, discovered that their homeowners association had the power to make unilateral changes to their property.
They posted about their experience in r/legaladvice. "A new HOA took over recently," the original poster explained. "New HOA says I need to remove tree approved by prior HOA."
According to the OP, they followed their HOA's approval process before planting a tree on their property. However, the new HOA went back on the decision. "Got a letter from them to remove some trees that were approved by the prior HOA about 5yr ago," they said. "I told them they were approved by the old HOA but they say those documents were not transferred to them and that I need to remove the tree."
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Yes 💯 The OP said they didn't have proof to show the new HOA. "Because the matter was approved and closed a long time ago I think I shredded the approval letter about a year or two ago," they said. "Do I have any remedies other than to remove the tree?"
It's obvious why the OP would want to keep the tree on their property. Trees can raise the value of a property by up to 15%, according to the Arbor Day Foundation. They provide shade and draw up groundwater, both of which help keep the property cool in the summer and reduce cooling costs. They also act as windbreaks year-round. Of course, they beautify the area and provide pure, clean air to breathe as well.
However, most HOAs aren't interested in property features that benefit residents. They strive for a uniform appearance instead. Many HOAs have blocked beneficial and money-saving home improvements such as gardens and solar panels.
Luckily, the Reddit community came through with advice for protecting the tree.
"You may want to check on local/state rules regarding the removal of a healthy tree," said one user. "They may require that you replace with new trees or a tree of equal age."
"It sounds like you've been dealing with a management company hired by the HOA," said another user. When the OP confirmed that, a third person suggested, "Contact the old company and ask for a copy of the approval."
The OP also has the option of campaigning to change the HOA's bylaws.
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