A HOMEOWNER has slammed an HOA’s demand to make a drastic change to their backyard.
Several homeowners, who would be impacted by the HOA request, are fighting back.
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A Reddit user posted on the online platform that their HOA in Arizona wants to get rid of 20 trees in their neighborhood, as reported by The Cool Down.
This major change would impact nearly 15 south-facing townhouses in the area and many of the homeowners are not happy with the request.
One person was concerned that removing the 20-year-old trees would decrease the property value of their home, making it hard to sell in the future.
“One of my primary concerns is impacting the value of the property,” they wrote.
“My patio is currently shaded by these trees, which is the only thing that makes it usable several months out of the year. Without the trees, the patio and unit will be in direct south-facing sunlight the entire summer with no shading whatsoever.”
The homeowner said many people on the block appreciate what the greenery adds to the neighborhood and would be sad to see them go.
The HOA claimed cutting down the trees would decrease water consumption.
However, experts say that the issue is a bit more complicated than that.
In 2008, there was a National Academy of Sciences report that tried to answer the question: Can you save water by cutting trees?
The reasoning behind this is that trees use up a lot of water so cutting them down could increase water yield.
However, the report also revealed that while this could increase water yield, these results are generally “short-lived.”
Not only that, there isn’t enough research to understand how cutting down these trees would affect water quantity over a longer period.
Homeowners on the subreddit r/legaladvice have been trying to think of actionable ways to save the trees.
“I know HOAs have a lot of legal power in AZ, and the trees are technically on community property, but is there any recourse beyond petitioning the board?” one person asked.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
HOAs are usually responsible for managing and maintaining common areas for residents and providing all necessary amenities for the community.
This could involve anything from landscaping and infrastructure to pest control and garbage pickup.
They also generally enforce community rules and collect fees from homeowners to cover those expenses.
In certain cases, the association does have the power to request changes to a homeowner’s property.
Some Arizona residents are divided on the issue of the trees.
“If you and others are gonna fight this, you can take the HOA to the AZ Real Estate Administrative Hearings,” one user said. “But I’m willing to bet as a fellow Arizonian, the water reduction will win over shade.”
“It’s a decision of what’s more important – shade or water consumption,” another echoed. “The board is entitled to make that decision. And you’re entitled to engage politically in that process to try to influence the outcome.”
