T
tvranicar
Guest
What is the name of your state?What is the name of your state?What is the name of your state?
Florida
I live in a neighborhooed that has a HOA and strict covenants regarding tree removal. The covenants state, with no exception, that no tree can be removed without expressed written consent from the ARB. If a resident removes a tree without consent, they will be fined $50 per inch in diameter of the trunk measured from 6 inches above the ground, not to exceed $2,000.
This covenant has always been fine and understood by all, until our recent bout with 4 successive hurricanes. Several homeowners removed trees on their property and claim that the trees were removed as a safety precaution.
Is there any law that would supercede our covenants in a situation of an impending hurricane? What if the tree was removed and the hurricane never even approached? Also, what remedy would the property owners have against the Board/HOA if the covenant was not enforced as written? Finally, could a recipient of a past fine claim that they removed the tree under security reasons, and therefore should not have been fined?
Thanks.
Florida
I live in a neighborhooed that has a HOA and strict covenants regarding tree removal. The covenants state, with no exception, that no tree can be removed without expressed written consent from the ARB. If a resident removes a tree without consent, they will be fined $50 per inch in diameter of the trunk measured from 6 inches above the ground, not to exceed $2,000.
This covenant has always been fine and understood by all, until our recent bout with 4 successive hurricanes. Several homeowners removed trees on their property and claim that the trees were removed as a safety precaution.
Is there any law that would supercede our covenants in a situation of an impending hurricane? What if the tree was removed and the hurricane never even approached? Also, what remedy would the property owners have against the Board/HOA if the covenant was not enforced as written? Finally, could a recipient of a past fine claim that they removed the tree under security reasons, and therefore should not have been fined?
Thanks.