One homeowner was distressed when their homeowners association decided to meddle in their landscaping decisions after losing a tree on their property.
The homeowner posted on r/Houston looking for advice. "I live in a new construction home, and my oak tree died within the first year," they explained. "I'm looking to replace my live oak tree with another heritage tree (bald cypress) but heard from my neighbor that the HOA asked them to replace their tree with the same type of tree."
Unfortunately, HOAs are well known for placing unreasonable restrictions on homeowners' plant and tree choices. Some have insisted on the removal of healthy trees, while others have forbidden certain plantings altogether.
🗣️ Should HOAs be able to force homeowners to change their yards?
🔘 Absolutely not 💯
🔘 Yes — it's part of the deal 🤝
🔘 Only in extreme circumstances 🏚️
🔘 We should ban HOAs 🚫
🗳️ Click your choice to see results and speak your mind
In this case, the original poster wasn't clear about what kind of tree they wanted to replace. It might have been another live oak, which is native to the area, or it could have been an import. A native species like the bald cypress would likely thrive in the local environment, be easy to take care of, and prove beneficial for the area's wildlife.
It would win the local government's approval, too, according to the Redditor. "Harris County's planning and development regulations state that heritage trees are permissible," they pointed out. "So can the HOA have the final say over what tree I can plant over Harris County's approved trees?"
Unfortunately, the answer appeared to be yes. "Just because the county says it's permissible doesn't mean that the HOA can't place additional restrictions above and beyond what the county allows," said a commenter. "The county allows people to park RVs in their driveway, but most HOAs don't. Make sure the HOA approves whatever you do because it's a huge pain in the a** later if the HOA wants to be difficult about it."
One way to get around the problem would be to seek an exception from the HOA — but if the organization refuses to grant it, there's little to be done except to try to change the association's rules.
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