Monday, January 20 2014, 07:23 PM EST

Story by J. Israel Balderas / CBS 12 News WEST PALM BEACH, Fla -- The City of West Palm Beach requires that developers plant a specific number of hardwood trees in a neighborhood when homes are built. One common tree that's cheap and easy to put in the ground is the live oak tree. But once it grows, its roots can wreak havoc on developed property. It seems easy for someone to say, Just remove the tree. But for West Palm Beach resident Mario Burbano, he says the difficulty has come from having to his homeowners association to do so. He looked at my pictures and said, this is your tree? and I said, Yes it is, said Burbano, as he recalled a conversation with his HOA on-site property manager. And I'd like to have it removed. Last summer, the HOA management for the Sail Harbour townhome community got a permit from West Palm Beach to remove and replace 166 oak trees. In between every swale, there was a tree, remembers Burbano. So they removed every other tree because in those swales are the sewage system lines. But when Burbano asked that his tree be removed due to the inevitable damage the roots will cause to the property, he says the on-site property manager ignored his request. He pretty much laughed at my face. Burbano also has an email that warns him if he tried to remove the tree, 'the association will pursue all legal remedies available,' against him. The differences in my water bills in the last four months have gone up, said Burbano. That's because the live oak tree roots started causing water pipe damage. To fix it, a plumber charged him $628.60 last week. The roots are also creeping under the driveway which Burbano fears will be more costly down the road. Why I cant remove it? asked Burbano. I tried to and I would have taken care of it myself, and at that point the said no. CBS 12 News took Burbanos concerns to Kings Management Services, which is responsible for the Sail Harbour community. Bruce King, its owner, didn't want to go on camera. But in a conversation inside his office, King said its the City of West Palm Beach that heavily regulates how residential trees are maintained or removed. It took Kings Management a year to get a permit to remove the live oak trees. Burbanos wasnt included. King assured CBS 12 that if Burbano goes to city planners and gets a tree removal permit for his house, the HOA will work with him. This may resolve future problems for Burbano, however, it doesnt help the fact that out of pocket, Ive had to pay almost $800 to $900 damages.Homeowner battles HOA to remove damaging tree

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Homeowner battles HOA to remove damaging tree

Time out.

This time around, I don't want to talk about airlines, airports or airplanes.

I want to talk about trees.

That's right, trees. Specifically, I want to talk about the decision made by a Somerville neighbor of mine to fell an old, beautiful, and perfectly healthy tree because it was "in the way" of his backyard improvement project -- in the process adversely affecting the quality of life for me and several of my neighbors.

Is it crazy or un-American to suggest that, at a certain point, a tree is no longer one person's private property per se, and belongs to the community? And at that point, should the property owner be restricted as to what he or she may do with said tree?

I first started asking these questions seven or eight years ago, when the person who owns the house across the street from me decided to chop down the large healthy tree in his front yard. I really liked that tree. In addition to being attractive in and of itself, it did the whole neighborhood a service by concealing the front facade of the guy's house, which -- there's no polite way of putting this -- is one of the ugliest and tackiest house on the block. It also hid the unsightly tangle of power lines and cables that are strung across the street.

He cut the entire thing down because, as it was explained to me by another neighbor, it was "attracting squirrels" and "dropping too many leaves."

Then, this past spring, the people who live next door decided to chop down one of their trees. I liked this tree because its canopy reached over into our driveway and yard, providing shade, attracting birds (we have a very active feeder) and drawing attention away from our rather unattractive garage.

They cut it down because it was "messy."

Link:
A Somerville Tree Saga: Redefining Private Property

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