HOA blocking my view: What should I do?

Question

Its no state secret that my HOA and/or the Property Management in charge weren't that great with all those one star reviews from various homeowners about the PM on Yelp. But, even I'm dumbfounded by their latest move- they've recently planted a tree in front of my rental property in the common areas that's already starting to block and will soon completely block the view my place used to enjoy.

There used to be another plant or tree that was fine in that place, which wouldn't grow tall enough to block the view, which was uprooted and replaced with this current tree.

The premium my place has over its comps is all about the view; I even hired somebody to come over and take pictures of that view which I now can't use anymore. And, the kitchen had been remodeled previously to orient itself around that view even though it meant sacrificing valuable cabinets and storage space so they wouldn't block that view.

My place is now available for rent and I know the loss of this view will negatively impact its rentability. What can I do? Do I have any recourse or avenues to do something about this when dealing with my HOA?Anybody ever been in a similar situation with their HOA?

I've gone throught the CCRs and Bylaws, and I haven't found anything that might help. I can't find any ordinance view, but then I didn't find any master plan that says to plant trees that will block views and hurt property values either.

Right now, I can only think of two options:

1) Wait till its dark and start trimming the tree myself so it doesn't block the view as much without hurting the tree

or

2) Try to convince the PM and/or the Board that its a horrible mistake for everybody to keep that tree

First option seems like it would be an effective, short term solution to get the place rented.

But, the CCR specifically writes that, "No person shall, mar, deface, paint, inscribe, damage or waste any common area. This action additionally applies to landscaping. Board action is required to alter, remove, or improve the common areas."

And, I've dealt with the PM before so I know that I won't really get anywhere with the second option. I'm having difficulty finding the next board meeting so I'm assuming it won't be for awhile so even if they decide to do anything, it'll be too late anyways.

My concern is that if I tried to go through with the second option and that it failed, it would only draw attention to any subsequent trimmings that might not otherwise notice.

Pat L. · Answer

For guaranteed results we could send you one of our resident Beavers....I doubt if your HOA has the Beaver as a restricted pet class....YET!!!

Bill Gulley · Answer

Get an attorney and sue for loss of income for the estimated life of the tree.I would probably use option 1, is the penalty mentioned, if you cut it down, damages would seem to be the cost of a tree. Don't know what they would actually do if you trimmed it, scream, yell, through a fit, how can they value trimmings vs the loss of income? We have several "managed" lakes around here. Public lands in many areas can't be mowed, cutting or trimming a tree, messing with the feds is not in the picture. So, what do folks do?They set out a small love seat, planter, fake rock over a salt block. Rain hits the salt, pours down on the roots and over time, kills the tree.........not suggesting you do that, it's just what some folks do. Chemical warfare.Biological warfare, folks will go to an infected tree, beetles, worms, fungus and collect the stuff and plant it on the target. Not saying to go do that, just that some folks have done it. BTW, I dislike HOAs very much, especially the tyrant types.A judge told me one time "sometimes you have to get things done on your own toughness" :)

Dana R. · Answer

There's no fence nearby, just my property. Its still a young tree so I don't think its roots will cause any damage but I'll have to check to see if I can use that argument. Today, I swung by to take another, closer look at it. And, I really do think my HOA or PM is trolling me and daring me to trim this tree. Not only is the top of the tree growing and beginning to block my view, but the sides are growing out too. If the sides continue at this rate and are untrimmed, they will become a hindrance to get into the garage- your car will have to go through branches and leaves just to enter the garage. Its bad enough that the HOA or PM planted this tree that's blocking my view for no good reason. And, on top of that, they spent my association fees to replace a fine tree with something so stupid is just so aggravating.

Carolina E. · Answer

@Dana R. Wow that really stinks. I hate HOAs. Not sure if there is much to do, they don't like to listen unless you are a board member. Is it possible that the trees roots might damage a near by fence or anything? Sounds like this tree is pretty big. I only say this because I once fought my HOA to NOT cut down a tree. They said the roots were going to hurt the fence.(which I know it wasn't, I had a few experts come out at look at it) The board thought they knew best. I am just thinking you could use something like that if the roots might hurt.