help with HOA

[pacergal]

I love the bonsai idea!
OP--If you have to plant, and a bonsai wouldn't cut it, what about a small Japanese Maple or Dogwood? They are slow growing.

 

[ExFlyBoy5]

It might be interesting to call the “Call Before You Dig” free national service (dial 811) and tell them where you would plant it if you did. They should come out and spraypaint all over the grass to mark all utilities, phone, power, gas, etc. And they aren’t usually very subtle about it around here. I almost hit a major phone line I had no idea about with a fencepost once.

Is the area they want it planted theirs, yours, or “restricted common area”?

Or, you could sneak out in the night, spray up your OWN yard and put flags EVERYWHERE. See? No place to plant a tree. Sorry.

 

[troutnut1]

I love this...

Or, you could sneak out in the night, spray up your OWN yard and put flags EVERYWHERE. See? No place to plant a tree. Sorry.

I love your way of thinking...

This is what it might look like and the colors you’ll have to play with. It will eventually go away...so have as much fun with it as you can. Bet there isn’t anything in the rules about this either.

 

[Walt34]

I love your way of thinking...

This is what it might look like and the colors you’ll have to play with. It will eventually go away...so have as much fun with it as you can. Bet there isn’t anything in the rules about this either.

I like that better than my idea of the bonsai tree.

 

[sengsational]

Check your closing folder with the papers you got when you bought the house... do you see a copy of the HOA covenants for the property? In NC it's required to be part of the closing. The whole idea of doing anything at all without reading and understanding the rules seems like a cart before the horse thing. And I think it's "nice" for the HOA to make it easy to get a copy of the rules, but those rules may or may not be the same as the ones you agreed to when you bought the place.

 

[cathy63]

While it's always a good idea to read the CC&Rs that you agreed to when you bought the house, it's not necessarily true that those are the only rules that apply. For example, one of our condos has this in the CC&Rs:

The Board of Governors shall have the right, from time to time, to adopt reasonable rules and regulations... The rules and regulations shall be binding upon the owners and occupants of the condominium, and shall be enforceable to the same extent as if they were specifically set forth as provisions in this declaration of restrictions.

If the board makes rules that the owners don't like, their remedy is to run for a position on the board and make new rules. (In practice, it's only 10 units and the rules we have are non-controversial things like "don't leave bikes in the courtyard".)

I'm not clear if you received a second letter that says having a tree is now a rule, or if somebody just spoke with you and told you it was. If you received a letter, then I suggest replying in writing with a statement that xxx, the arborist you consulted at your own expense, informed you that planting a tree was not feasible on your property due to the position of the underground power/sewer/whatever lines, so you are unable to comply with the new rule. If it was just a conversation, then it's reasonable to ask for a written copy of the current rules before responding with that same letter. You should keep a copy of this letter because you may have to send it in again every time there's a new board elected.

 

[badatmath]

Or, you could sneak out in the night, spray up your OWN yard and put flags EVERYWHERE. See? No place to plant a tree. Sorry.

Oh this is just the BEST!!!

I'm not clear if you received a second letter that says having a tree is now a rule, or if somebody just spoke with you and told you it was. If you received a letter, then I suggest replying in writing with a statement that xxx, the arborist you consulted at your own expense, informed you that planting a tree was not feasible on your property due to the position of the underground power/sewer/whatever lines, so you are unable to comply with the new rule. If it was just a conversation, then it's reasonable to ask for a written copy of the current rules before responding with that same letter. You should keep a copy of this letter because you may have to send it in again every time there's a new board elected.

Someone just "told me" and I asked for documentation of the change and there is not any change . . . That is why it is so bothersome. I don't know if they can make random verbal changes "stick".

 

[pb4uski]

.... I don't know if they can make random verbal changes "stick".

They can't... unless you let them. Typically there is a process for changes in rules and it ain't verbal.

 

[Scrapr]

Does a light up cactus (tree) meet the legal definition of a tree?

 

[pb4uski]

Hard to know since the rule is verbal.

 

[badatmath]

I don't know if we have a definition for "tree". . . There is no plant list or size requirement.

 

[badatmath]

I am not sure if it is heartening or depressing you all seem to have experience with HOAs. I pay my dues and follow the rules and never really talked to them before other than to report things like "flood at pool" when we needed to get a key to turn the water off.

 

[cathy63]

Someone just "told me" and I asked for documentation of the change and there is not any change . . . That is why it is so bothersome. I don't know if they can make random verbal changes "stick".

If all you have is a verbal request, then just ignore it. If it comes up in conversation again, just remind the person that you were already exempted because the underground lines on your property don't leave sufficient space. Keep saying that matter-of-factly to anyone who asks, and over time it's likely to become common knowledge that you don't have a tree on your lot because you can't. If they send you something in writing that says it's now a rule, then respond in writing as I suggested previously, pointing out again that a tree just won't fit on your lot.

I know you don't want to keep readdressing it and it bothers you that you have to, but you moved into a community with an HOA, and this is how they are. Until everyone gets the message, it's going to keep coming up. Just be prepared with the factual answer, repeat it to everyone who asks, and stop letting it bug you.

 

[badatmath]

A lot of you folks gave advice on this so I will just update I went to my first HOA meeting ever yesterday (been here 20 years). One pointed out 19 houses (out of about 35?) didn't have trees and he wasn't planting one either. Some others agreed, IDK if it is over. A couple of neighbors were yelling at each other over other matters so that was kind of taking over the discussion.