How to Handle a Tree Dispute With Your HOA in Florida
If your HOA has sent you a notice about a tree on your property — or if you're disputing a removal requirement — you're not alone. Tree disputes are one of the most common conflicts between Florida homeowners and their HOAs, and they can get expensive fast if you don't handle them correctly.
Here's what you need to know.
Understand what your HOA can and can't require
Most HOA governing documents give the association authority to require maintenance of trees that pose a risk to common areas, neighboring properties, or community aesthetics. However, that authority is not unlimited.
Your HOA generally cannot require you to remove a healthy tree without documented justification. If they're claiming a tree is hazardous, that claim needs to be backed by evidence — and so does your response.
Get an independent arborist assessment first
Before you agree to anything or spend money on removal, get an independent tree risk assessment from an ISA Certified Arborist. This is the single most important step you can take.
Here's why it matters: HOAs sometimes rely on landscaping crews or non-credentialed inspectors to identify "problem" trees. These evaluations are not standardized, not documented to professional standards, and not always accurate. A TRAQ-qualified arborist assessment gives you a defensible, written counter-opinion that carries professional weight.
In some cases — like the homeowner whose HOA claimed their tree was dead because it dropped its leaves in winter — a professional assessment completely resolves the dispute before it escalates.
Document everything in writing
Keep copies of every notice your HOA sends you about the tree. Respond in writing, not just verbally. If you're getting an arborist assessment, notify your HOA in writing that you are doing so before agreeing to any removal.
A written paper trail protects you if the dispute escalates to a hearing, mediation, or legal proceeding.
Know when to involve an attorney
If your HOA is threatening fines, legal action, or is moving forward with removal of a tree on your property without your consent, it's time to involve a real estate or HOA attorney. An arborist report becomes critical evidence in these situations — it needs to be prepared by a credentialed professional whose qualifications can withstand legal scrutiny.
Climb Corps prepares expert opinion reports specifically for legal and HOA disputes throughout Central Florida. Chad Harvey, ISA Certified Arborist (FL-306712A) and TRAQ Qualified risk assessor, has provided documentation used in HOA hearings, insurance disputes, and legal proceedings.
What to do if your HOA is right
Sometimes the HOA is correct — a tree genuinely is a risk and does need to be addressed. In that case, a professional assessment still helps you. It tells you exactly what the risk is, what your options are beyond full removal, and gives you documentation that you responded appropriately and responsibly.
Ignoring a legitimate tree hazard creates liability exposure for you as a property owner. Getting it assessed and addressed — and documenting that you did — protects you.
The bottom line
Don't agree to remove a tree just because your HOA says to. Get an independent assessment, document everything, and respond professionally. If the tree is fine, you'll have the paperwork to prove it. If it's a genuine risk, you'll know exactly what needs to be done.
Schedule an Arborist Assessment or call (352) 397-4309.
Serving Brooksville, Hernando County, Marion County, Orange County, and surrounding Central Florida communities.