HOA forcing me to remove trees in my "parkway area" (curb strip)

Member since 2020 · 36 posts · 5 votes

Hello, I'm in Texas, my HOA sent me certified letter that I would be fined if I did not remove 6 trees that are within my "parkway area" (aka parking strip or road verge). What is the best way to fight this?
Note:
-The trees have been there for over 10 years
-The trees are Crepe Myrtles (native to Texas)
- They are well maintained
- About 10 years ago they sent me a letter and when i pushed back they said they would be ok as long as i did not plant more and i maintained them (i can't find the ppwk)
- There are other Crepe myrtles in the HOA park way areas less then 200 feet from my house

Any advise is appreciated

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JD MartinBusiness Member

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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes

Best way to fight it is to present your facts to a lawyer and let them send a letter on your behalf. That will let the HOA know at least two things:

1. You've got legal counsel and may be prepared to fight it, and

2. You may have critical facts on your side that the HOA hasn't considered.

Outside of that, however, whatever you agreed to when you bought the house in the HOA covenants is what has to be done. If you agreed to "no trees in the parkway" or agreed that the HOA could change those rules in a legal fashion, then you have to remove them. That's part of living in an HOA. You don't always like their rules and you don't have to but you have to follow them unless there's some state/federal law that they are violating with the rule.

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
4y
Best way to fight it is to present your facts to a lawyer and let them send a letter on your behalf. That will let the HOA know at least two things:
1. You've got legal counsel and may be prepared to fight it, and
2. You may have critical facts on your side that the HOA hasn't considered.
Outside of that, however, whatever you agreed to when you bought the house in the HOA covenants is what has to be done. If you agreed to "no trees in the parkway" or agreed that the HOA could change those rules in a legal fashion, then you have to remove them. That's part of living in an HOA. You don't always like their rules and you don't have to but you have to follow them unless there's some state/federal law that they are violating with the rule.
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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
4y
Quote from @JD Martin:

Best way to fight it is to present your facts to a lawyer and let them send a letter on your behalf. That will let the HOA know at least two things:
1. You've got legal counsel and may be prepared to fight it, and
2. You may have critical facts on your side that the HOA hasn't considered.
Outside of that, however, whatever you agreed to when you bought the house in the HOA covenants is what has to be done. If you agreed to "no trees in the parkway" or agreed that the HOA could change those rules in a legal fashion, then you have to remove them. That's part of living in an HOA. You don't always like their rules and you don't have to but you have to follow them unless there's some state/federal law that they are violating with the rule.
I definitely agree with this.
Also read every word of your covenants and restrictions. Do you have the right to quiet enjoyment? Are they harassing you over these trees?
Can you get some one to confirm they said it was ok if you didn't plant more?
Neighbors who have similar trees, check with them and see if they are being harassed or are you being singled out?
What do the rules say about fines? Can they fine you for this? How much do the rules say they can fine you? Is there a max fine, say $100/year is the max? If so you could send them a check every year for the max fine before they start fining you just to mess with them.

Then consult an attorney after you are more knowledgeable on the rules and possible fines.

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Sergey A. Petrov
Real Estate Consultant · Seattle, WA · Member since 2022 · 1k+ posts · 784 votes
4y
Ditto what @JD Martin said. In addition, what is the actual violation? Are these types of trees not permitted in this community (native to TX or not)? Are trees not permitted at all in “parkway areas” (just because someone else has them doesn’t mean they aren’t getting the same letters and fines)? Are they encroaching onto something else (realize you said they are “well maintained”)?
It is not a “fight”. You need to figure out what the actual rules are, why you were deemed to be in violation, and how to achieve compliance. If someone made a mistake sending the notice and you are not in violation, a simple response substantiating your compliance with the cited rules should do the trick. If you are actually in violation, I suggest complying as quickly as is reasonably possible

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Kevin Turano
OP
Member since 2020 · 36 posts · 5 votes
4y
thanks!
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Kevin Turano
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Member since 2020 · 36 posts · 5 votes
4y
I'm sending a letter to them, i'll let you know how it goes!
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
Show them the letter from 10 years ago and ask about the other trees and if those owners have to remove them as well. Have you checked the HOA to see if there are rules saying no trees, if so when was that introduced.
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Kevin Turano
OP
Member since 2020 · 36 posts · 5 votes
4y
update- I went to an HOA meeting and afterwards had a "hearing". Sounds scary but it was very informal and polite. They asked if i could "trim branches overhanging sidewalk and cut branches off up to 7 feet." I agreed and did the trimming yesterday. I think they are going to check it next month... Here is a pic after the trimming, (i wish i had taken a before pic) i'll keep you posted !
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Monte Riding
Member since 2022 · 21 posts · 17 votes
4y
Quote from @Kevin Turano:
update- I went to an HOA meeting and afterwards had a "hearing". Sounds scary but it was very informal and polite. They asked if i could "trim branches overhanging sidewalk and cut branches off up to 7 feet." I agreed and did the trimming yesterday. I think they are going to check it next month... Here is a pic after the trimming, (i wish i had taken a before pic) i'll keep you posted !

Sounds like you were able to come to a good compromise. Great to hear!
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Matt Devincenzo
Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
4y
Glad this worked out...just an aside though; Crepe Myrtles aren't a TX native, they're not even a native to this hemisphere. The family of plant they're in are all from the SE Asian to Australian area of the world.
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