HOA President Cut Down His City-Protected Memorial Trees — Then the Survey Crew Stopped and Read the Permit Out Loud

Chapter 2

Theme:
Font Size:
24px

“I’m president.”

“You keep saying that like it's a deed.”

Trevor looked away.

Diane's face flushed.

She pointed at Marcus.

“You were warned that the trees interfered with the visual corridor.”

“I appealed.”

“And your appeal was denied.”

Marcus opened another section.

“No.”

Diane paused.

He handed her an email.

Appeal hearing scheduled.

Next Thursday.

Pending.

Diane looked at the date.

Then at him.

“That doesn't prevent corrective action.”

Marcus's voice changed.

Softer.

More serious.

“It absolutely prevents irreversible corrective action unless there's an emergency.”

Diane scoffed.

“They're trees.”

“Exactly.”

“They aren't falling.”

“They aren't diseased.”

“They aren't blocking a sidewalk.”

“They aren't threatening utilities.”

“So what was the emergency?”

Silence.

Marcus pointed toward the stump.

“You cut a tree while the appeal is still pending.”

Diane said:

“I exercised enforcement discretion.”

Marcus looked at the workers.

Then at his camera.

“Thank you.”

Diane frowned.

“For what?”

“For saying that clearly.”

She realized too late why.

The phone.

Recording.

Her expression shifted.

“Turn that off.”

“No.”

She stepped toward him.

Marcus took one step backward.

“Do not touch my phone.”

“I am not touching you.”

“Good.”

“Then stop recording.”

“No.”

Diane turned toward the workers.

“Cut the next tree.”

Neither moved.

“Now.”

Trevor looked at Miguel.

Miguel shook his head.

Diane's voice rose.

“Am I paying you to stand there?”

Miguel answered calmly.

“No, ma'am.”

“The HOA is paying us.”

“And I am speaking for the HOA.”

Miguel looked at the survey again.

“Then I need a written work order that identifies these trees and says the HOA takes responsibility for removal.”

Diane stared.

“You have a work order.”

“For trimming.”

Marcus looked sharply at him.

“What?”

Miguel turned toward Diane.

“The emailed scope says corrective trimming.”

Diane's face changed.

Trevor suddenly became very interested in the truck.

Marcus looked at Diane.

“You hired them to trim.”

She said nothing.

“You brought the chainsaw.”

Still nothing.

Miguel continued carefully.

“Our scope says reduce canopy height and clear sightline.”

Marcus looked at the fallen tree.

“You were supposed to trim.”

Miguel nodded.

“We were.”

Marcus stared at Diane.

She gripped the chainsaw handle tighter.

“I determined removal was necessary after arrival.”

Marcus laughed once.

Not happily.

“So you upgraded trimming to destruction on your own.”

“I don't need your permission to enforce standards.”

Marcus looked toward the camera.

“Please keep going.”

Diane stopped.

For the first time, uncertainty entered her expression.

Then something else happened.

A white city utility truck turned onto the street.

It slowed near Marcus's house.

The driver looked toward the fallen tree.

Then stopped.

Marcus recognized the logo.

Scottsdale Urban Forestry Division.

A man and woman stepped out.

The man wore a yellow safety vest.

The woman carried a tablet.

Diane looked confused.

Marcus was not.

He had scheduled them weeks earlier.

Not for today specifically.

They were checking the memorial-tree grant.

The city had partially reimbursed approved homeowners for planting shade trees along qualifying residential frontage.

Marcus had received the grant because the trees were part of a neighborhood heat-reduction project.

That was the second layer Diane never verified.

The woman approached.

“Mr. Reed?”

Marcus nodded.

“Caroline Davis?”

“Yes.”

She looked at the fallen tree.

“What happened?”

Marcus pointed toward Diane.

“Ask her.”

Caroline looked.

Diane straightened immediately.

“I’m HOA president.”

Caroline waited.

“We had a violation.”

Caroline looked at the stump.

“This tree was part of the shade grant.”

“I’m aware.”

Marcus stared.

No, she was not.

Caroline asked:

“Who authorized removal?”

Diane said:

“The association.”

Caroline looked toward Marcus.

“Did you consent?”

“No.”

Caroline checked her tablet.

“Was there a hazard report?”

“No.”

“Disease?”

“No.”

“Root conflict?”

“No.”

“Construction permit?”

“No.”

Caroline looked toward Diane.

“Then why was a protected grant tree removed?”

Diane's confidence returned slightly.

“Protected is an exaggeration.”

Caroline's expression changed.

“No.”

She turned the tablet.

“This planting was accepted under municipal urban-canopy funding.”

Diane looked.

Caroline continued.

“Removal within the grant period requires owner consent or documented hazard condition.”

Diane folded her arms.

“The HOA has separate landscaping jurisdiction.”

“Maybe.”

Caroline remained calm.

“But the grant agreement is between the city and homeowner.”

Marcus looked at Diane.

She stopped meeting his eyes.

Caroline crouched near the stump.

Examined the cut.

Then stood.

“How many trees?”

Marcus pointed.

“Four originally.”

“One down.”

“One partially cut.”

“Two untouched.”

Caroline looked toward the chainsaw.

Then Diane.

“Please don't cut anything else.”

Diane laughed sharply.

“Are you ordering me?”

Caroline replied:

“I’m advising you that continued removal could create additional restoration liability.”

“Liability for who?”

“That depends on who authorized it.”

Marcus almost smiled.

Diane did not.

The second city employee, George Patel, unfolded a measuring wheel.

He walked toward the curb.

Then toward the first stump.

Diane watched.

“What is he doing?”

Caroline answered:

“Confirming setback.”

Diane said:

“The trees are inside the HOA landscape strip.”

Marcus held out the survey.

George took it.

Measured.

Checked.

Measured again.

Then looked up.

“No.”

Diane froze.

“What?”

George pointed.

“Property line runs fourteen feet closer to the street than the association map you're probably using.”

Diane's face changed.

Marcus frowned.

“Association map?”

George nodded.

“Older planning map.”

Marcus looked at Diane.

She knew.

Or should have.

George continued.

“These trees are fully inside the deeded lot.”

Marcus stared at Diane.

“So you weren't even in a common landscape strip.”

Diane snapped:

“Front setbacks are still subject to HOA appearance rules.”

Marcus nodded.

“Yes.”

“Appearance rules.”

“Not ownership.”

Caroline added:

“And not automatic removal authority.”

Diane looked from Marcus to Caroline to the workers.

The entire scene had shifted.

Half an hour earlier she held the chainsaw and everyone else reacted.

Now she stood beside a stump while documents spoke louder than she could.

She hated that.

Marcus could see it.

Then she made the worst possible choice.

She reached for the chainsaw again.

Miguel stepped forward.

“Ma'am.”

Diane ignored him.

Caroline said:

“Do not start that.”

News in the same category

HOA President Cut Down His City-Protected Memorial Trees — Then the Survey Crew Stopped and Read the Permit Out Loud

6 Part