HOA forcing me to remove trees in my "parkway area" (curb strip)

[Kevin Turano]

Hello,  I'm in Texas, my HOA sent me certified letter that I would be fined if I did not remove 6 trees that are within my "parkway area" (aka parking strip or road verge).  What is the best way to fight this?  
Note: 
-The trees have been there for over 10 years
-The trees are Crepe Myrtles (native to Texas)
- They are well maintained
- About 10 years ago they sent me a letter and when i pushed back they said they would be ok as long as i did not plant more and i maintained them (i can't find the ppwk)
- There are other Crepe myrtles in the HOA park way areas less then 200 feet from my house

Any advise is appreciated

[JD Martin]

Best way to fight it is to present your facts to a lawyer and let them send a letter on your behalf. That will let the HOA know at least two things:

1. You've got legal counsel and may be prepared to fight it, and

2. You may have critical facts on your side that the HOA hasn't considered.

Outside of that, however, whatever you agreed to when you bought the house in the HOA covenants is what has to be done. If you agreed to "no trees in the parkway" or agreed that the HOA could change those rules in a legal fashion, then you have to remove them. That's part of living in an HOA. You don't always like their rules and you don't have to but you have to follow them unless there's some state/federal law that they are violating with the rule.