Florida.
We submitted our HOA Landscaping proposal for a row of staggered trees with smaller shrubs in between. It was approved by the board. My neighbor was on the HOA board and voted no, but the rest of the board voted yes.
My neighbor claims the trees and shrub combination make a hedge or will eventually form a hedge. Hedges taller than 4 feet are not allowed in the neighborhood. The rest of the board and I understood the proposal and final product to be staggered trees and shrubs of alternating species and heights, not a proper hedge.
My neighbor is claiming the row of trees and shrubs obstruct his view of the lake in my backyard, and that the 4 foot hedge rule is in place to protect views. In essence, it acts as a hedge and therefore should have never been approved.
There is an entirely new HOA board now, we’ve submitted new proposals to the new board to add-on to our Landscaping which has also been approved and installed.
Now I receive letters from my neighbor and from my neighbors lawyer asking him that we remove all of our Landscaping, should have never been approved, not allowed, etc. They want to take us to court.
Side note: my neighbor was on the board when it was approved the first time and even called for several “special meetings” to discuss the vote before and after voting occurred. Some of these meetings, the neighborhood was not even invited to which I understand to be a violation of Florida statutes.
My main questions:
- does he have any case against me? Shouldn’t my neighbor be going after the HOA who approved my proposal? Even so, it’s a new board now?
- am I protected by estoppel? I simply acted on an approval. The ambiguity in the interpretation of a hedge versus trees was exactly why I submitted to the board for discussion and voting.
It’s also worth noting there are other examples of hedges taller than 4 feet in our neighborhood, but it’s such a small neighborhood and a relaxed HOA most of the time that no fines or violations are reported. Most of the time people add to their Landscaping without even submitting anything to the board, I wanted to go about it the right way to make sure it was allowed, so I submitted my proposal.