Interpretation of HOA covenant

[dk08192019]

Here's a "Hail Mary" for you. Go back through county land records from deed to deed and see if you can locate the first owners of your house. Then ask them about the trees. You can also check county records by parcel to see if any of your neighbors are original owners. It's only 21 years or so. I was in my last house for 22 years I can tell you what everybody on my street did during those years.

I have found the name of the original owner, but it seems she moved to NC. Based on the information that I got from the Internet (spokeo.com), I called her, but the two numbers I tried were not hers. If you know a better way of finding her contact information, please let me know.

Here is the thing:
My neighbor is the original owner of his house. After I decided to cut down the tree, I notified him of my future action as a friendly gesture. I thought I did not need the HOA's approval at the time as the trees were in my backyard. He was concerned with the loss of privacy provided by the trees, and I sympathize with him. He is also a board member, and I believe he started the process. If I ask, he may say the developer planted the trees, but I am unsure if he can call it. He moved into his house in December 1995, and the first owner of my house moved into her home in August 1995--three to four months before my neighbor. Therefore, it is possible that the first owner of my house could have planted the trees during those months before my neighbor moved in.


(It dawned on me while typing this reply. Why do I have to prove this? Shouldn't the HOA need to do this? )

 

[dk08192019]

It isn't difficult to perceive that circumstances could render the wording, "trees of comparable size" as unconscionable and therefore the mandatory replacement clause unenforceable.

The HOA understood this and told me that the size was up to my decision.

 

[adjusterjack]

He is also a board member, and I believe he started the process. If I ask, he may say the developer planted the trees,

Wouldn't count on him for help then. Check neighbors further out.

(It dawned on me while typing this reply. Why do I have to prove this? Shouldn't the HOA need to do this? )

I think it's already been explained why you might have to prove it.

Self preservation is nobody's business than your own

The HOA understood this and told me that the size was up to my decision.

Problem solved. You can get 8' or 10' trees fairly cheaply at Home Depot or local nurseries.

 

[PayrollHRGuy]

Yes. The fallen tree has been removed, but the stump is still there. Two neighboring trees are still standing.

Then get a certified arborist out there and see if he can date the age of the trees.

 

[dk08192019]

Problem solved. You can get 8' or 10' trees fairly cheaply at Home Depot or local nurseries.

The cost is a secondary issue. As I said in an earlier post, I have no problem replanting the trees if they were on the lot when the lot was sold the first time.

I posted the first message to confirm my interpretation of the covenant was correct so that I can correct the fact with the HOA. The HOA's interpretation was to replace ANY trees removed, which I argued was illogical because then no trees could ever be removed completely! I raised a concern that they might be enforcing the rule wrongly, but they did not listen.

I am more interested in being processed by the correct procedure based on accurate information, which is why I am trying to get advice from you.

 

[dk08192019]

Then get a certified arborist out there and see if he can date the age of the trees.

If I have to, I will do it. It seems, however, I may not have to. I shifted through more Google Earth Image, and I am now pretty sure the trees were planted around 2007. Please take a look at these images.