Homeowners in Valencia Bay, Florida have filed a lawsuit against the Valencia Bay Homeowners Association for the planned removal of more than 300 oak trees throughout the community. Members of the HOA were notified on May 4th, 2022 that the removal was set to begin later in the month and be completed by July 2022. The HOA was not clear as to why it intended to have the trees removed or what problem the trees posed that necessitated their removal. 

HOA Targets Oak Trees Only a Few Years Old 

When the Valencia Bay neighborhood was planned and built by GL Homes just a few years ago, the oak trees were brought in and planted. They have not yet reached maturity and require ongoing maintenance, which can be expensive. Area homeowners suggest this may be the reasoning behind the shift. They contend that landscaping is a native part of running an HOA and an appropriate amount of annual fees paid into the organization should be reserved for lawn and garden care. 

Lawsuit Fires Back 

In the lawsuit, homeowners point out the many benefits the trees have for the community. “The Association intends to remove 212 Oak Trees located on individual privately owned lots and 131 oak trees located in the common areas. The subject oak trees beautify the community, provide a common character for the community which strengthens property values, provide shade and relief from the heat of Florida summers, and serve as nesting shelters for many native birds, including the mockingbird.”

It’s currently unknown how many homeowners have joined the lawsuit, but at least one will be represented. The lawsuit also alleges that the HOA violated Palm Beach County law by failing to file a Vegetation Remove and Replacement form. 

Comprehensive Legal Representation for South Florida Real Estate Disputes 

If you are involved in a real estate dispute with an HOA as a property owner, it’s important to secure adequate legal representation to defend your best interests. The HOA likely has access to good legal resources, which can be difficult to go up against on your own. 

Feinstein Real Estate Litigation & Business Law is an experienced Florida litigation firm that can help you protect the value you’ve invested in your property. Call today to book an appointment for a consultation in our comfortable Fort Lauderdale office by dialing 954-767-9662.