No Palm Allowed?
 

I spent several years wintering here before I bought our home in TV. A major selling point for my wife and I, was the beautiful palms so many people had as part of the landscaping.

Even when purchasing our new home, the salesman assured me, that though I can't get that palm in my front yard, I could replace the ugly tree there with a palm after I closed, as so many other residents have . It seemed obvious the way it was done here.

Now, the AOC tells me I have to remove that palm I waited so long, and paid so much for.

Why? Because someone complained.

Special easement? No. But everyone , yes EVERYONE on my street has a palm in this same location?
Well, no one complained about them. "So , it isn't a problem big enough to do anything about, unless someone complains?" That is how complaint driven works.

This is where I started driving around, looking at how many homes were out of compliance. There are MORE OUT of compliance than IN!! Yep, I just got lucky and had this jerk down the street that doesn't have anything better to do, than police ME.. Why not the house RIGHT ACROSS THE STREET FROM ME???

How far from the street do I need to move this tree? Not inside 15.5' ..... and if I put the lovely landscape wall around the tree at a healthy distance, the wall must be 16.5' from our little side street curb, moving the tree to 21'. the sylvester has a 12' frond spanning back 14' from the required setback and would now touch my house.

I guess the big screwing came from the sales team. Anyone want to buy a house.. with no palm tree, and a real jerk living a couple doors down with nothing better to do than stick his nose in your business?

There’s at least one in every neighborhood.

So we all understand what’s going on in your case, did you submit an ARC application before making any changes?

They apparently 'missed' that the palm would be too close to the road. The approval actually says on it, that if anything they approved, later is deemed not within the guidelines, that the approval doesn't count.

So even WITH approval, if someone complains the tree or landscape border is too close to the road, you have to move it.

If EVERYONE on the street has a palm in the same location including the house RIGHT ACROSS THE STREET FROM you then perhaps Community Standards can help. If those palms were approved then Community Standards should have the letters of approval on file. You might be able to use those approvals as an argument for why your palm should be approved as well.

Possible issues:
- If the palms were original then who knows if any approval was required
- The neighbors might not have asked for approval. In that case you will need to decide if you want to become that jerk and file complaints about them
- The posts in other threads make it seem like the ARC is not often willing to give retroactive approvals. You'll have to decide if it's worth the time to do the research and possibly be turned down anyway.

Sorry this happened to you

I already removed the tree and 'offending' landscape. The ARC (inspector?) seemed pretty adamant that was my only choice, or I would be fined. He wasn't very nice and got quite an attitude when I asked questions about having other options. The landscaper I had remove the tree said in the last few years the ARC went from rarely imposing fines and being quite reasonable with these type matters, to becoming very strict and imposing fines very quickly. So maybe there was a changing of the 'landscape' at the ARC?

I appreciate the feelings you have but think you should step back and cool down and think it through.

Setbacks are there for a reason and non compliance by others is not a license to do the same.

Like you, I wanted Palm Trees in my new yard 14 years ago. (I am from the north). The image was great at the time. That 12' frond umbrella didn't stop at 12'. Mine is now over 20' and some around here are larger yet. Palm trees are extremely messy and require maintenance, a lot of maintenance. Frond removal, seed pod removal, diamond cuts on removed fronds etc. Perhaps do it yourself for a while with loppers, handsaws, stepladder, extended saws, and then 24 foot extended saws, extension ladders, chainsaws, and did I mention a lot of Band-Aids. At some point as the tree grows older as you also will, you need to hire someone to maintain at $100 per tree perhaps twice a year or pay to have the monster removed along with the stump for $350 or so. I paid to get rid of two Palms that grew so large that they infringed with the roof. Some neighbors found that their Palms became a thruway for Palm Rats to gain easy access to their attics. And bees love the ripening seeds coming out of the seed pods .

I wish some "jerk" had ratted on me. Palm trees belong on beaches or byways for you to view. Enjoy the sight of your neighbors trees which can be seen from your house. After all, you really can't enjoy the sight of yours because they are blocking your windows. When you are outside looking at them, you are looking up and noticing the brown fronds that need to be trimmed. Put Sylvester in the back yard or somewhere you can view from afar. You will save a lot of money.

Buy the "jerk" a Mai Tai.

I am well aware of the pros and cons of palm trees. And setbacks and why they are there. I am also aware of blanket POA rules that make no sense and are created by people who have more political experience than engineering.
In the back where it actually impacts utilities and drainage issues, they require significantly less room.

Is it for 4 ft sidewalk they MAY install and still 12 MORE feet for possible utilities that would ACTUALLY be installed under the road should the need arise to abandon the existing utilities in the back of our property?
They learned here 2 decades ago it is cheaper to do utilities under the road instead of demo and replacement of driveways.

If this issue of having palm trees.. or ANY landscaping within 15 ft of the road was actually IMPORTANT , they wouldn't be ONLY addressing the complaining neighbors.

So ARC approved the landscaping, in writing, then changed their mind? Was the approval for the same site as the palm was placed?

I thought once ARC approval and kept to the same plan, you were good to go. If they can then change their mind on a site approval, who would dare spend money to potentially have to remove at the whims of ARC

"Selective Enforcement" you could do some research on it.

We had someone complain about our new yard light being 'different'. My lovely wife got it approved...busy bodies

Wow what a crazy journey you've been on. I agree that palms are probably not worth the hassle, but ARC should not be able to waffle on their decisions. If they do, they should financially compensate you for THEIR mistake.

Before you do anything, you must present plan to architectural board. They approve changes to your landscaping. Yes the guy is a jerk for calling you out. Maybe it is in his sight line? Who knows about the trolls. Your sales team should have told you & so should landscaper.

Who did you have remove your palms. I want to get rid of mine too?