Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good afternoon. It depends upon how much you want to keep the tree. Since the tree was not on the prohibited list...even though not specifically approved and nothing done at the time when planted...then later when prohibited, it would have been required to have been grandfathered. HOA board members tend to be a bit like bullies...they enjoy their little power and tend to push people around...but when pushed back, they tend to fold pretty quickly. In my experience, I have almost always prevailed when pursuing these cases. If you want to keep the tree, if it were me, I'd fight the HOA on this by sending the board members a letter detailing the above and demanding they drop this effort. Inform them that otherwise, you will file a suit against the HOA and each member individually. If they don't drop it, file the suit. It's amazing what being served with a summons that one is being sued does to take the starch right out of a board member. :)
I hope this has given you information that has beenhelpful to you. If the information seems more general than specific, please beaware that we are only allowed to provide information and not specific advice. If you have a follow-up question, pleaseremember that there might be a delay between your follow up questions and myanswers because I may be helping others or taking a break. If you need additional clarification on thisquestion, please do not hesitate to click Reply and I will be happy to do whatI can to help you further. Thanks for allowing me to be of service to you. Pleasebe aware that the information provided here is not legal advice. Rather it issimply general information. All states have intricacies in their laws andany information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful toyou.
Thanks for the quick answer. If I understand you correctly...the HOA has to grandfather my tree? It doesn't matter that it wasn't on our original plans, it doesn't matter that it is now on the prohibited list [even though it wasn't in 2001]? They can't force me to cut down a tree that was planted when we moved in & since became banned?
Is there any State/County/City law / requirement / code / ordnance, etc here in Arizona [specifically Goodyear, Arizona, which is in Maricopa County] I can cite in my response to the HOA? Anything I can cite as a precedent?
If I can cite a judgement or law which states the above...that the HOA has to grandfather a tree that's now on the prohibited list - even if not planted IAW my landscaper's plans...that'd help a lot! Thanks again, George