How should HOA handle palm tree height restrictions?

Q: About a third of our homeowners have palm trees which were planted several years ago. These palms are now over the allowable roofline height for trees. We know they cannot be topped without killing them.

Could you tell me how other associations have handled this situation or could you point me to reference data on how this conflict with other homeowners association covenants, conditions and restrictions has been addressed and/or resolved?

A: Prior to answering this letter, I contacted one of the major landscape companies to discuss the specific issue of whether or not a palm tree can be topped or any other physical maintenance that could be done to restrict the height without killing the tree. The answer was that you cannot top a palm tree unless you want to kill it. Palm trees do what trees are supposed to do, they grow.

To have a roofline height restriction is most unrealistic for even a plum tree could grow taller than 15 feet. Obviously, there is a difference between a palm tree and a tree with multiple branches and leaves which would restrict views more than palms.

To remove these palms would be very costly and it would not make much sense to replace them with other trees as they too will eventually be taller than the roofline. You would have to replace the palms with shrubs.

The association should reconsider its covenants or architectural guidelines to determine if there could be any modification or amendment that would make more practical sense -- a better balance between height restrictions and landscaping. The board may want to have an inspection and a meeting with its own landscape company and with an arborist. If some compromise cannot be found, there probably will be many unhappy homeowners and possible litigation.

Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.