CLAIM: HOA SAYS ”IF WE DON’T REMOVE, WE WON’T MAINTAIN SIDEWALKS.”
ACCUSATION: BOARD NEVER OBTAINED PERMIT TO DESTROY TREES IN AG RESERVE.
BY: STAFF REPORT | BocaNewsNow.com
BOYNTON BEACH, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) — In what could be the latest blow to the so-called ”Agriculture Reserve” in South Palm Beach County, the Valencia Bay Homeowners Association is preparing to remove hundreds of ”tall oak” trees that line the community off of Lyons Road, north of Clint Moore.
According a suit just filed in Palm Beach County Circuit Court, the HOA’s Board of Directors played a game. They — according to the suit — told homeowners that sidewalks would only be maintained in front of individual homes if homeowners agreed to the removal of hundreds of ”Street Trees.” But then, according to the suit, the Board went even further:
“The subject Amendment does not define ”Street Trees.” The Association has subsequently interpreted ”Street Trees” to define every Oak Tree located in the Association, whether said trees are situation adjacent to a street or not.”
“On May 4, 2022, The Association gave written notice to the Association’s membership via e-mail that it had contracted AANCO, a landscape maintenance company, to begin the process of removing hundreds of Oak Trees throughout the Association, with said removal to begin in late May 2022 and be completed by July 1, 2022.”
“Specifically, the Association intends to remove 212 Oak Trees located on individual privately owned lots and 131 oak trees located on the common areas.”
Adds the suit: ”The subject Oak Trees beautify the community, provide a common character for the community which strengthens property values, they provide shade and relief from the heat of Florida summers, and they serve as nesting shelters for many native birds, including the mockingbird.”
It was not immediately clear why the HOA’s Board of Directors wants to remove the trees in the community which is just a few years old. GL Homes installed the Tall Oaks while building the community. Tree maintenance is expensive, but part of the normal cost of running a South Florida Homeowners Association.
The lawsuit, filed on behalf of at least one homeowner, also claims that the HOA did not obtain a “Vegetation Remove and Replacement” permit which is required by Palm Beach County.
Read the complete suit, below. There has been response filed by the HOA. The plaintiff is represented by the law office of Lyman S. Bradford of Jupiter, FL.
BocaNewsNow.com Real Estate Advisor Zev Friedus describes Valencia Bay Boynton Beach like this: Valencia Bay is a single family residence community located in Boynton Beach Florida with a range of options priced between $1,274,999 and $1,999,999.
