Man fined $5,000 by HOA for trees that are too short

Article and Video Courtesy of Wesh2 News, Orlando

By Dan Billow

Published November 17, 2013

 Watch VIDEO

   

A homeowner trying to beautify his property in his neighborhood by planting trees has run afoul of the homeowner's association. They fined him $5,000 because the trees were too short.

   

until the total reached $5,000. "I have to take the two trees down in 20 days and they won't fine me $5,000. The problem is not the presence of the trees or even the type of the trees.. The problem is the height. The two are too small."

   

A homeowner trying to beautify his property in his neighborhood by planting trees has run afoul of the homeowners' association. They fined him $5,000! WESH 2's Dan Billow reports that he was fined $100 a day because his trees were about 3 feet too short.
  
Just over a year ago Pat Fitzgerald planted two magnolias in front of his Merritt Island home. The same trees that line much of the subdivision. His homeowners' association fined him $100 a day

River Grove requires its streets to look like this -- with evenly spaced magnolias or other trees all of a matching size. New trees are required to be at least six feet tall. Fitzgerald's trees are two or three feet tall. But there are areas in the subdivision where magnolias are not doing well. Fitzgerald believes the trees will grow better if they're started smaller. His two small ones are thriving.

   

Homeowners' association leaders said that these trees are not bringing down property values, they are just enforcing an agreement Fitzgerald made when he moved in. Both sides say that there are no underlying disputes. A vice president said that Fitzgerald wanted to make a nursery out of an area controlled by the HOA -- and the HOA said no!

The Desert Storm veteran wasn't too happy: "I come back to this country and it's funny -- I don't have the right to plant a tree in front of my house. There's something wrong here."

  

Fitzgerald said that he doesn't have the money for a legal fight -- or paying a fine. He already spent $1,500 on mediation. 

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