A distraught homeowner posted a detailed complaint on the r/TreeLaw subreddit. They shared how their complex's homeowners association removed a tree in their utility easement without their permission.
"I don't know what to ask for to make this right," the homeowner shared.
The original poster had spent a great deal of time and labor on the easement, growing native wildflowers and battling against several invasive trees.
When they heard a chain saw and other landscaping noises, they investigated and noticed that the sole member of the HOA –– who is also the maintenance person and real estate agent selling the property next door –– removed the tree.
The tree remover expressed that he thought he was doing the homeowner a favor. He apologized and offered compensation for the destruction, but the OP was still distraught.
Homeowners associations can have restrictions that can impact residents' ability to grow certain types of plants, including native gardens. However, each HOA is different, and specific guidelines vary.
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Some homeowners who are trying to cultivate native gardens have been challenged by HOAs, even though these gardens provide environmental benefits and help save the homeowner time and money. Native plants promote biodiversity, provide habitats for local pollinators, and help balance the local ecology. Native yards and lawns can be quite beautiful, but sometimes come under fire by HOAs for being unsightly because they often don't have a manicured look.
There are some creative ways to navigate HOA restrictions with regard to your yard, such as obtaining certifications for native gardens or finding work-arounds or loopholes that comply with HOA rules.
Some states have even passed "right to garden" laws that protect homeowners' rights to grow sustainable gardens despite their HOA rules. Whatever the situation, it is helpful to be aware of your HOA's rules and be aware of your rights and options before taking action.
Commenters offered advice and empathy for the homeowner's situation.
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"You need to file a police report for trespass and destruction of property," advised one.
"The HOA has no rights to it," another Redditor said.
After some debate, one person summarized, "It doesn't matter what op is or is not allowed to plant in the easement. The person who cut down the trees had no right to do so."
The OP posted an update, sharing that they were able to privately settle with the individual from the HOA.
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