the great reshuffling

First of all, know that your Association is responsible for the common area and you should not have replaced the tree without prior approval.

I would guess that fruit trees can be messy (based on the crab apple trees that were in my last Association) and this requires more maintenance and clean up.

I will also add that in some jurisdictions, the County requires approval if common area trees are changed from the plan approved by the County (I know this is very true in Fairfax County, VA).

Perhaps you should first ask the Board if they know why the rule was made.

TimB4 is correct. Among other things, you should not have been altering common area without the board's permission.

Law 101, including the law of covenants, should be included in your list of classes. Fortunately you can at least study up on what covenants are and what California statutes say about Board-created rules and common areas.

From Law 101, HOA Boards have the lawful right to create rules concerning use of common areas, as long as the rules pass a "reasonableness" test and meet other, lesser requirements.

Laws legislatures create do not have to meet your democracy-oriented, supply and demand penny test. From Law 101, this is because, for one, the United States is not a democracy. It is a Constitutional Republic.

Fruit trees draw rodents.

When it comes to HOA rules, the courts determine what is reasonable and otherwise tend to defer to the "business judgment" of boards.

Go to davis-stirling.com and search the latter for "rules." It will give you the legal weaponry for change.

No, I am saying:

1) You shouldn't modify common area without prior approval (as it is maintained and controlled by the Board).

2) The type of landscaping used has associated costs to properly maintain. Those costs are paid for by the membership. Are you willing to have an increase in assessments to pay for any additional maintenance/cleanup caused by fruit trees? Are your neighbors?

There is nothing wrong with a poll to see if fruit trees should be allowed. However, the poll should be done only after the membership is fully informed. Take the time to calculate the additional maintenance required and what it would cost. Don't forget to include additional watering if required, the harvesting or cleanup from lack of harvesting. Ellen mentioned the additional wildlife fruit trees attract, so include any additional pest control in those costs as well.

Let your poll be based on facts and not just desire.

The responses here address your proposed 'revolution.' Expect nothing different from the HOA Board.

You will have to learn to speak the Board's language. They are not going to bother to learn yours.

Carlos, rules can be overruled by the membership. Was the tree planting rule properly noticed with 28 day review? If not, it is probably unenforceable. Civil Code section 4360.

Sorry, should have read:

Should the Board repeal the rule against fruit trees.

BryonW, the survey will never be done. not sure if you saw it with my initial responses?

https://docs.google.com/spreadsheets/d/1l2va1Koua1yWnQX5y5xhNejEuUxvwMB0TaR2T_pakek/edit?usp=sharing

its a mirror that will accurately reflect my community's priorities, which aren't static. a community's priorities are constantly changing. people save up to buy a house, its their #1 priority, which changes when they finally buy a house. then their #1 priority is having kids, and then saving for their kids college tuition. once the kids graduate college, their parents will have a different #1 priority. naturally some people never buy houses. just like other people never have kids. and some people never go to college. everyone is different. this diversity of priorities isn't captured by voting every few years for board members or signing a petition or attending board meetings. the current methods of figuring out a community's priorities are as primitive as using chicken entrails or tea leaves to predict the weather. we're still in the dark ages.

Carlos,

I appreciate your commitment and desire to better your community.

I support the idea of a survey making the Board aware that things change and a rule that had support 10 years ago might not have that same support today.

I also gave an opinion on how you can have such a rule changed - in addition to having a survey, get involved and volunteer to serve on the board so you are part of the decision process and shoulder a share of the responsibility of those decisions.

What you posted about the rule now seems different than what you posted earlier in the thread. I, and others, were of the opinion that there was a rule about fruit trees because your very first post said "my hoa has a rule against fruit trees in common areas." Can you tell us what the Board actually said when they made it known that they voted not to have fruit trees?

Regarding costs - people who are willing and able to volunteer and put in the work now might not be willing or able in the future. There may or may not be volunteers to replace those no longer willing or able to do the work. IF and WHEN that happens, the costs will have to be shouldered by everyone. At the very least, any additional water requirements of a fruit tree would be shared by everyone.

It would be nice to not follow an HOA handbook (if one existed). Unfortunately, the Board has a legal fiduciary responsibility, requiring them to act in good faith, in the best interests of the association, and with the care of an ordinary prudent person. They may be able to do what is desired but they must do what is legally required or face potential personal liability for failure to comply with legal requirements.

Personally, I think that an informed decision is a better decision. Looking at issues from all sides helps to make an informed decision. One doesn't have to agree with every perspective but, they might understand why others are looking at an issue from a different perspective. There are consequences with every decision. Some expected and some unexpected. If one can listen to others pointing out potential unintended consequences, they can make an informed decision.

You appear to be looking at one side of the issue and seem unwilling to look at the issue from other perspectives and unwilling to see worst case scenarios that should be planned for. Many on this site have tried to point out this perspective.

Worst case is a volunteer gets hurt and the Board knew and allowed or authorized that volunteer to perform the work. Legal action is taken against the Association. The Association loses and doesn't have enough insurance, or the insurance company finds a way not to pay, the Association goes into bankruptcy. This requires the court to place the Association into receivership. A receiver gets paid by the members (think major increase in assessments) but isn't required to listen to or be accountable to the members. They report to the court and change anything if the court agrees.

Don't think worst case will happen. There are shorts on social media called Great Moments in Unintended Consequences. The saying from that show is a decision was made with the "best of intentions, what could possibly go wrong?" Then explain how things went wrong.

HOAs across the county have had worst cases fully or partially happen and members have had to deal with the consequences of those worst cases. I offer the Trayvon Martin issue in FL and the Farran case in VA as examples that worst case can happen.

I wish you luck in your quest to have fruit trees in the common area of your development.
Perhaps you can grow a smaller one in a planter on your property.
I encourage you to look at everything from as many perspectives you can and make informed decisions.

Tim