Homeowners Fight Back Over HOA Request to Replace Dead Trees
Homeowners Associations (HOAs) are frequently in the news due to some of the more outlandish things they ask of the homeowners who live in the community. One Florida HOA is making headlines over an argument about trees.
More specifically, CBS12 says that homeowners are being asked to replace some trees that were killed during a cold snap in February. But residents say that it shouldn’t be their responsibility. The reason? The trees in question were located in an area that the HOA is supposed to maintain.
Now, the homeowners are fighting back against the HOA’s demands, while the association remains adamant that the trees aren’t its responsibility. The Cadence at Tradition HOA even sent out a letter on Sept. 1 to the affected residents, telling them that the trees were on their property.
However, homeowners are running out of time to plead their case, since the deadline given by the HOA is rapidly approaching. As to what will happen when the Sept. 30 cutoff passes without replacement trees, well, that will remain to be seen.
The HOA Has Removed the Dead Trees
According to homeowners who spoke with CBS12, the letter they received said that they were required to replace the dead trees located in the space between the sidewalk and the street known as the swale. “We kindly request you address this matter by 9/30/26 to avoid escalation,” a demand letter reviewed by the outlet said.
The HOA had already removed the trees in question, leaving the empty holes where the residents were expected to put the replacements. However, many homeowners like Chip Collison are pushing back against the request, saying that the swale isn’t actually part of their yard. When Collison was asked if he believed that the swale would be considered a common area, he told the outlet that “based on the documentation” that he had read, he did consider it that way.
“We’re well into hurricane season now,” he added later, saying that nobody knows for sure if the region will be hit by storms anytime soon. “These trees could be freshly planted. We get a strong hurricane come through, they’re all gone, and they’re gonna have to be redone again.”
Meanwhile, the HOA sent a statement from the public relations firm representing the association to CBS12, telling the outlet that the HOA was in the midst of replacing thousands of trees and shrubs in the common areas around the community. As far as the HOA was concerned, the swales were included in “limited common areas,” making them the homeowner’s responsibility.
“Because the HOA is currently purchasing and installing trees in bulk, we’ve invited residents to participate in the program,” the statement said. “This allows homeowners to share in the cost savings while ensuring that tree replacements around their homes are selected and installed professionally.”
Swales Are a Hot Topic for HOAs
HOA calls a flat area of grass a “swale”; says a palm will restrict water flow.
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u/Infrated in
fuckHOA
Two years ago, a Redditor shared a photo of the front of his house on the message board, asking about a violation he had received regarding a tree planted in the swale. In the letter, the association had provided the specific rules surrounding swales, which in this case said that the owners were responsible for the swales in front of their properties.
While a lot of people weighed in on whether or not the owner should remove the tree or fight against the HOA, one person chimed in with advice that seems relevant to the situations happening at both HOAs.
“Your bylaws define the word, so you have to use the definition in the bylaws,” they wrote, telling the OP not to bother redefining the section of land since it was already clearly labeled. “What you need to do is find out where your actual property lines are. By the text of the rule, you may plant trees or shrubs inside your property lines, but not in the swale area, which is between your property line and the paved street.”
Of course, the commenter said that would require having a survey done, which the people living in Cadence at Tradition may or may not have already done. Hopefully these homeowners are able to come to some sort of agreement with their HOA soon. The weather is going to start turning for the season, which means whichever side is responsible for the swale will need to get the new trees in soon, especially given the upcoming deadline.
