Barkin' Up the Wrong Tree: HOA Fires Back at Fla. Man Fined $5K Short Trees

[onedef92]

HOA Fires Back at Fla. Man Who Said He Was Fined $5K Short Trees

Nov. 15, 2013



Patrick Fitzgerald said he planted two trees that were too small for his homeowners association by his home in Merritt Island, Fl.

After a Florida man says he was fined $100 a day, or $5,000, for having two Magnolia trees that were too short, his homeowners association is defending itself, saying it's not just the height that's the problem, but the number of trees.

Patrick Fitzgerald, 51, said he planted two small trees by his home in Merritt Island, Fla a year ago. Now he and the River Grove Homeowners Association have undergone legal mediation and some heated words in which he has called the board "idiots."

"This has gotten so carried away it is absolutely ridiculous," the HOA president told ABCNews.com. "To me it's ludicrous."

The association board, which is a group of volunteers, says there is a rule that trees must eight feet tall in the right-of-way, a thin patch of lawn between the sidewalk and the road that is a few feet away from Fitzgerald's property. But the board's main problem with the trees, its president says, is the aesthetics of the area and that there are too many -- more than what the landscaper's plan allows.

Fitzgerald, who says he just wanted to plant more trees because he believes an overabundance of fertilizer is killing his other trees, said he regrets that the dispute led to mediation, spending almost $2,000 on lawyer and mediator costs. But the reason he agreed to pre-suit mediation was to avoid going to court.

"Trust me, I didn't want to spend almost $2,000 to protect two trees," Fitzgerald said.

Fitzgerald's lawyer has drafted a proposal that forgives the $5,000 fine if he digs up the trees in 20 days, the association said. Fitzgerald said he will dig up the two trees this weekend and put them in pots.

Seth Chipman, an attorney for the homeowners association, says the dispute is over both the spacing of the trees as well as the size of the trees.

The homeowner association's guidelines, or its declaration of covenants and restrictions, requires the trees to be at least be eight feet in height, and it also adopts a "treescape plan."

"This particular homeowner's association plan has developed so there are large majestic trees lining the streets," Chipman said. "If you drive through the homeowner's association, that vision is coming to a reality. Throughout the association there are live oaks and magnolia trees that are 10 to 15 foot height. They've taken root and are getting pretty big, so they don't want minor seedlings being planted."

The association board maintains that if Fitzgerald had filled out an application to the HOA's agricultural review committee, or ARC, the issue would not have needed mediation.

"That was never done. The trees were planted and all correspondence about the trees were unanswered," the board president said.

The regulation language provided by Chipman to ABCNews.com states that "the term 'trees' shall mean and be defined as any tree eight (8) feet or greater in height" and "the trees used in landscaping shall be chosen by the builder/owner and approved by the ARC and shall be a combination of tree styles and types which comply with County Landscaping Ordinance and governmental regulations."

The head of the board a year ago sent Fitzgerald an email after he planted his trees, which were about a foot tall at the time, to remove them, the association said, but he did not respond.

"In this case, this particular homeowner already has two magnolia trees that are of size. And so the association is saying, look you already have the two trees in the treescape plan, we don't want tiny seedlings. That's their prerogative," Chipman said, adding that Fitzgeralds bought the house knowing about these regulations.

"It was not some secret sprung on them last minute," Chipman said.

Fitzgerald admits that he did not read the entire 100 or so pages of the homeowner packet when he bought the house.

"I don't know about you, but I didn't go through every single page," Fitzgerald said.

After additional letters, the association board told him that it was going to begin fining him $100 a day, up to $5,000. In response, he sent a letter calling the association "idiots," asking the board's attorney to contact him.

"He mailed a letter to everybody in the neighborhood except the people on the board, saying how this board is pitting neighbor against neighbor. You know how much of a response we got from those letters? Zero," the board president said.

The two trees in dispute are now about 22 inches tall, the board president says.

"They're two little trees -- not even trees -- saplings," he said.

"It's not so much the size, as that there are too many. Nobody ever said that," the board president said of the right-of-way next to Fitzgerald's house. "No one has ever said anything to anyone at anytime about a tree planted in their own yard."

To help maintain the right-of-way, individual homeowners are given a landscape stipend and are responsible for mowing specific areas.

Homeowners are responsible to fertilize and maintain a tree in the right-of-way, the board says.

"It's funny, I don't have the right to plant a tree in front of my house," Fitzgerald told WESH. "There's something wrong there."

The board asserts that mediation was not necessary if he had dug up the trees.

"[Fitzgerald] has one that is only 5 feet tall and we have not asked him to remove that. We have not said anything about that. We're not a bunch of idiots. We're just a bunch of neighbors trying to keep property values where they are," the board president said.

"All he had to do was move his trees two feet into the other side of his property. He may think it's his property but it's HOA's," the board president said. "Yes, he has to take care of it."

The board says the issue is not about the $5,000 fine.

"In mediation, we told the mediator, we don't want his money," he said. "We don't want the $5,000. We just want the trees removed. He can put it anywhere on his property just not there."

[RedLS1GTO]

I can't wait to get back out to the country and stop dealing with HOAs.

Yes, I do understand why in theory they exist... but every 1 I have ever seen is completely out of control.

[RED-85-Z51]

HOA's serve a purpose...but they are run by conformist busybodies...

[Hoog]

Well...by definition those aren't trees until they reach 8 feet tall.

[NeedSpeed]

"All he had to do was move his trees two feet into the other side of his property. He may think it's his property but it's HOA's," the board president said. "Yes, he has to take care of it."

Uh, no, it's not the HOA's, it's the city's.

[DAB]

i haven't counted, but i'd guess i have somewhere around 1000 to 1500 trees on my lot, mostly piñon pine and juniper, a few aspen, one maple, and some other that i'm not sure of. no one tells me what to keep or get rid of. i have some little wee ones that some day might get to 8 feet tall, but for now, they are about 24" tall. tallest is about 35 feet.

[Thunder22]

The moron lives in an area governed by an HOA. The HOA has rules. The moron ignored the rules. The moron should pay the $5k fine.

If he doesn't want to deal with an HOA, then don't live in an area governed by an HOA.

[Thunder22]

Originally Posted by NeedSpeed

Uh, no, it's not the HOA's, it's the city's.

How do you know that? The HOA in my area owns the streets, not the city. The entire development is private property. We pay for our own garbage, snow removal, street lighting and landscaping.

[...Whitepower...]

Originally Posted by Whiskey

How do you know that? The HOA in my area owns the streets, not the city. The entire development is private property. We pay for our own garbage, snow removal, street lighting and landscaping.

Same here. Few years ago we repaved the streets. They bumped the fees up for two years to help cover the cost and then they dropped back down after that.

[NeedSpeed]

Originally Posted by Whiskey

How do you know that? The HOA in my area owns the streets, not the city. The entire development is private property. We pay for our own garbage, snow removal, street lighting and landscaping.

Do the cops patrol your streets?

HOA's should be illegal, they operate like unregulated governments.

[RED-85-Z51]

Originally Posted by NeedSpeed

Do the cops patrol your streets?

HOA's should be illegal, they operate like unregulated governments.

I agree 100%

[mrvette]

40 years ago, I hear from the olde tymers here that we used to have a HOA, and I just wish they had demanded these lightening rod OAK trees be cut down.....nothing but a hazard, ~3' diameter rotten OAK trees that fall over or get stuck by lightening, wiping out all your shit.....yeh, really super smart planning.....


almost as bad as the traffic light timing sequence.......


stupid bastards.....

[VITE1]

Originally Posted by NeedSpeed

Do the cops patrol your streets?

HOA's should be illegal, they operate like unregulated governments.

Have you seen how well Government has managed things?

[GRN ENVY]

I'd plant a redwood or the biggest tree I could find that would live in the florida climate in the front yard just to make a point

[09CTSV]

I lived in one HOA and that is enough. I rented a house from a friend of mine. Our good neighbors two doors over were sued by the association for having mis matched color on the gutters and eves. The owner showed the HOA where the builder had built it this way and was approved by the HOA because at the time the builder was the HOA. Took the association to court and won over 10K from the idiots.
Two months after the suit was settled the HOA president decided to attempt to screw my friend over by giving the pool and clubhouse to another owner after my friend had reserved it a month before for their daughters 16th birthday party. We had everything set up, bar b que going kids in the pool and then the cops showed up to evict us. Said we were there illegally and had to leave. We showed the cops the reservation agreement. They called the HOA president and he claimed it was forged. We were escorted out so the HOA presidents buddy could have a pool party.
After another lawsuit and another 15K settlement the HOA was broke and dissolved. Best thing they ever did. The place looks so much better without the little idiots running it.
I'll never own a house or rent one in a HOA. You get one little prick that has a sense of power and watch out.

[lspencer534]

My neighborhood only recently got a HOA, and only because it was required by the City when we were annexed. The HOA is the silliest thing I have ever seen. One resident wanted to build a 75' x 150' arena for her horses. It was nothing more than a 3-rail fence, but the HOA debated whether to require shrubbery around it.

Another homeowner wanted to install an in-ground pool, but the HOA had to debate it first. Folks, minimum lot size in the neighborhood is 3 acres, and these homeowners had much more than that. WGARA if somebody wants a pool (that you can't even see from the road) or a place to exercise their horses that is nothing more than a fence inside an existing fence?

[mrvette]

Originally Posted by lspencer534

My neighborhood only recently got a HOA, and only because it was required by the City when we were annexed. The HOA is the silliest thing I have ever seen. One resident wanted to build a 75' x 150' arena for her horses. It was nothing more than a 3-rail fence, but the HOA debated whether to require shrubbery around it.

Another homeowner wanted to install an in-ground pool, but the HOA had to debate it first. Folks, minimum lot size in the neighborhood is 3 acres, and these homeowners had much more than that. WGARA if somebody wants a pool (that you can't even see from the road) or a place to exercise their horses that is nothing more than a fence inside an existing fence?

LIke the Feds, it's about power and control.....until a Magnum comes out....

[Stangkiller]

That's my home town Merritt Island...no wonder I HATE HOAs so much

[babablackgoat]

Originally Posted by Stangkiller

That's my home town Merritt Island...no wonder I HATE HOAs so much

Don't you have an HOA in MC?

[babablackgoat]

Some little known facts about HOAs:
1. The first HOA was created in Germany in 1939.
2. Russia dissolved their last HOA in 1989.
3. Napoleon, Fidel Castro, and Genghis Kahn were all presidents of their respective HOAs.

Poster’s note: Although the above facts are not actually true, they might as well be about HOAs.