Quote:
Originally Posted by MartinSE
I think if you got ARC approval the only way it could be forced to remove is if it is on an easement, and breaks easement rules, like blocking access to the electrical supply box, etc.
So, I have to assume, that the OP went ahead and had the Palm put in without ARC approval. That seems to happen often - people ask if they can change a tree or something, and the salesman says yes after you move it. The buyers then take that as permission, it isn't it is just the truth, you can after you move in, but you have to follow the rules to get approval.
That other people are "breaking" the rules and getting away with it is no reason to get mad when you don't get away with it. We all sign similar code restrictions.
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There is a clear exception to easements for landscaping put in during construction. So replacement probably would not meet the exception.
Realtor probably didnt know about the easement restriction when replacing something