Palm Tree Removal - HOA - Best Approach

[MangoMaven888]

Mods - please feel free to move this thread, as I'm not sure where to include.

I'm seeking input regarding the removal of 2 Palm Tree’s in the backyard of my property in Plantation, FL, and have an HOA.  The trees are 20'-25' tall.  I'm searching for a land use attorney, and wondering if there are any recommendations from folks here?  Below are excerpts from my HOA as it pertains to trees and the removal of them.

In the HOA Section 3A document, it states, “Lots.  Each owner shall maintain or cause to be maintained the trees, shrubbery, grass and other landscaping on his lot in a neat, orderly and attractive manger and consistent with the general appearance of the developed portions of the Property in which his Living Unit is located.  Maintenance shall include, but not be limited to, watering, pruning and replacing as necessary the trees, shrubbery, grass and other landscaping located on each Owner’s Lot, including the swale area in front of or otherwise adjacent to the Living Unit, notwithstanding that the swale area is not within the boundaries of the Owner’s Lot.”

In HOA Section 19 document, it states, “Tree Removal Restrictions.  Section 19: Tree Removal Restrictions. Trees situated on any Lot between building set back lines and the property lines having a diameter of six inches (6") or more measured four feet (4') from ground level may not be removed without prior approval of the Board. All requests for approval of tree removal shall be submitted to the Board along with a plan showing generally the location of such tree(s). This restriction shall not apply to the Developer in the course of construction, sales or maintenance of improvements upon the Property. Anyone violating the provisions of this Section will be required to replace such trees with trees of like kind, size and condition within thirty (30) days after demand by the Association. If the Owner fails or refuses to replace the trees as demanded, the Association may cause suitable replacements to be planted and the cost thereof shall be a lien against the Owner’s Lot. An easement of ingress and egress over and across said Lot is hereby granted to the Association, its agents and employees to enable it to comply with this Section.”

Wondering if an arborist were to deem the trees unsafe if that would allow them to be removed?  Or wondering if there's any other options?  In any case, thanks for any attorney leads or suggestions.

[K-Rimes]

I'd just make a case to the board that you want them removed for safety, too tall and could fall and damage your, or other resident's property. In the plan, also show what you intend to replace them with with some imposed images of what the mature tree will look like. Hopefully tasty mangoes. Most arborists will not give you a report that a tree is unsafe or sickly if that is not the case unless they're crooked.

Another day, another reminder of why I don't ever want to live with an HOA.

Good luck!

[Galatians522]

Key words in the section are "between building set back lines and the property lines." In my county the building set back line is 7' on residentially zoned property. If your county has a similar setback, that would mean that there is a 7' wide strip around the property where the rule would apply (the rear setback may be a different number). Do these trees even fall in that zone? A simple call to the HOA might answer the question and save thousands of dollars in lawyers fees.

[Coconut Cream]

Look closely at your city and county code regarding tree removal and the exact definitions. There are usually exceptions for certain types of trees (no permit required to cut down a fruit tree, for example), and the palms may qualify depending on species. Certain types could be classified as invasive and then removal is beneficial.

If the trees are diseased, unhealthy, or pose a hazard to your house (based on the height), those could be good reasons to make a request for permission to remove them.

If the trees are hard to maintain and unsightly due to the dead fronds high up off the ground, that might be another reason to remove and replace them with something nicer.

I would get to know the people on the board or committee before submitting the request. Try to find out what other people have done and how they handled it. As long as they are confident you want to make the house nicer, safer, or easier to maintain then it shouldn't be an issue. Especially in your backyard.

[JR561]

My HOA lost their mind when I dug up all the trees on my property.

The palm trees I had to axe the roots out.

I was supposed to put in a request but I skipped that, they were upset.

But they really only cared about the trees in the front yard.

[roblack]

Just hearing about HOA's makes my stomach swirl. Seems they are often more trouble than they are worth. Good luck!

[Maria in Brevard]

If they are 20-25' you can always say they are too expensive for you to maintain and they are unsightly because of that. That will be true. I would never plant tall palm for that reason. Don't ever start with aggression, everyone is human, just call and talk and explain your reasons. You may even ask for advice how to fill form so it will be approved. Usually HOA requires forms for that, so they don't even take a request in the form of email or phone call. I removed trees from my front yard and so my neighbor. And our HOA is quite strict.

[JR561]

Just hearing about HOA's makes my stomach swirl. Seems they are often more trouble than they are worth. Good luck!

I agree but I lucked out and ended up with 3 mangoes, 4 mamey, 1 starapple, and a sapodilla in my front yard.

This is the only HOA I ever been in that is cool with fruit trees. Tons of front yards here with fruit, maybe not as much as me though.

They even turn a blind eye to all the people who plant fruit trees in common areas by their homes.

Though if you don't mow your lawn, weed, or pressure clean your driveway they are going to bother you for sure.

[MangoMaven888]

I'd just make a case to the board that you want them removed for safety, too tall and could fall and damage your, or other resident's property. In the plan, also show what you intend to replace them with with some imposed images of what the mature tree will look like. Hopefully tasty mangoes. Most arborists will not give you a report that a tree is unsafe or sickly if that is not the case unless they're crooked.

Another day, another reminder of why I don't ever want to live with an HOA.

Good luck!

This is a GREAT idea about creating a rendering of the final product.  Do you have any software recommendations I could use for this task?
Yes it will definitely be mango's!  I already have a Venus I planted that's starting to grow into the bottom of the fronds.

If they are 20-25' you can always say they are too expensive for you to maintain and they are unsightly because of that. That will be true. I would never plant tall palm for that reason. Don't ever start with aggression, everyone is human, just call and talk and explain your reasons. You may even ask for advice how to fill form so it will be approved. Usually HOA requires forms for that, so they don't even take a request in the form of email or phone call. I removed trees from my front yard and so my neighbor. And our HOA is quite strict.

That's a good idea to call first and find out the form information.  The fact that you were successful with a strict HOA gives me hope .  What was your reasoning to remove the trees in your particular situation?

Look closely at your city and county code regarding tree removal and the exact definitions. There are usually exceptions for certain types of trees (no permit required to cut down a fruit tree, for example), and the palms may qualify depending on species. Certain types could be classified as invasive and then removal is beneficial.

If the trees are diseased, unhealthy, or pose a hazard to your house (based on the height), those could be good reasons to make a request for permission to remove them.

If the trees are hard to maintain and unsightly due to the dead fronds high up off the ground, that might be another reason to remove and replace them with something nicer.

I would get to know the people on the board or committee before submitting the request. Try to find out what other people have done and how they handled it. As long as they are confident you want to make the house nicer, safer, or easier to maintain then it shouldn't be an issue. Especially in your backyard.

I didn't know that about the city and county codes.  Would city and county codes supersede HOA rules, or is it something to layer into my case?  Yes I'll research this as well. 

Also a smart idea to try and build relationships before submitting a request.  Too bad I don't have any mangos to share with them right now lol!  Thank you!

Key words in the section are "between building set back lines and the property lines." In my county the building set back line is 7' on residentially zoned property. If your county has a similar setback, that would mean that there is a 7' wide strip around the property where the rule would apply (the rear setback may be a different number). Do these trees even fall in that zone? A simple call to the HOA might answer the question and save thousands of dollars in lawyers fees.

I tried googling set back and property lines, but I don't really get it?  Is that a 7' foot boundary on the outermost part of my property? 

[Galatians522]

The lot line is your property line. The set back is how far your structures must be from the property line. If the set back is 7' (for example), all buildings must be at least 7' from the property line. You probably don't need approval if the trees are closer to your house than the set back line. Call and ask.

[Coconut Cream]

I didn't know that about the city and county codes.  Would city and county codes supersede HOA rules, or is it something to layer into my case?  Yes I'll research this as well.

They might, or they might add another layer of restriction on top. Best to educate yourself first, because most HOA bodies do not react based on fact/reality, they react based on what they like or what they think the rules are. They are often wrong, but you have to handle that diplomatically. If they know you and they like you, 99% chance they say yes to what you want. If you take an antagonistic stance, it gets a lot harder.

[roblack]

Just hearing about HOA's makes my stomach swirl. Seems they are often more trouble than they are worth. Good luck!

I agree but I lucked out and ended up with 3 mangoes, 4 mamey, 1 starapple, and a sapodilla in my front yard.

This is the only HOA I ever been in that is cool with fruit trees. Tons of front yards here with fruit, maybe not as much as me though.

They even turn a blind eye to all the people who plant fruit trees in common areas by their homes.

Though if you don't mow your lawn, weed, or pressure clean your driveway they are going to bother you for sure.

This is good to hear, as negative news spreads more easily. I was curious, so read some things and it does seem that having an hoa tends to increase property values. For someone like me though, who likes to do things differently, an hoa would add a lot of stress and frustration. My wife is currently my hoa, couldn't imagine having another =)