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Caline 02-11-2017 09:48 PM

SOS: HOA wants my banana TREES removed
 
A new owner in the association evidently does not apreciate my banana plants and I have been notified by my HOA PM that I need to remove my banana "tree" because it was not specified in my landscaping project approved in 2015.

The plants have been in the ground for over a year. There are 1 mature, 3 tall and several pups growing around the base of the mat. The mature plant is with fruit and harvest could be in April.

Are there any experienced banana plant growers among us in the Tampa Bay area?

I garden solo and need some help removing, adopting out or transplanting to my city's garden. If you have any other ideas or thoughts on this I would be grateful.

Lydie

Mark Dragt 02-11-2017 11:35 PM

Re: SOS: HOA wants my banana TREES removed
 
Wow! That sucks! Any chance you can move them to a different spot in the yard that might be approved? I hope you can leave the one in the ground till the fruit is ready.

sputinc7 02-12-2017 08:41 AM

Re: SOS: HOA wants my banana TREES removed
 
Thus is the reason I have no desire to live in a planned community...Nosy busybodies who do not pay my bills telling me what I can do with my own property. I would tell em to stuff it and fight the order. But, that is just me...

Caline 02-12-2017 10:59 AM

Re: SOS: HOA wants my banana TREES removed
 
Thank you for your kind words. My local native plant nursery suggested I just cut the bananas back after harvest, which would basically remove them from the visual landscape.
Lydie

Dalmatiansoap 02-12-2017 12:11 PM

Re: SOS: HOA wants my banana TREES removed
 
WoW! "Not specified in your landscaping project"!!!???
Sorry for not understanding but seems like you live in a museum? HOA?!
And I grind about place where I live.......

JBijl 02-12-2017 01:44 PM

Re: SOS: HOA wants my banana TREES removed
 
Lydie just say to the new owner that he is Bananas And if you want to keep your Banana tree put him in a container whit :0519: and move him so the HOA cant say nothing about you Banana tree

kaczercat 02-12-2017 02:39 PM

Re: SOS: HOA wants my banana TREES removed
 
What does that mean? what is HOA? are you are renting a house, you planted a banana and you weren't supposed to?

HMelendez 02-12-2017 02:49 PM

Re: SOS: HOA wants my banana TREES removed
 
Lydie,


I'm sorry for the situation with your HOA!....Hopefully you have the opportunity to harvest the fruits!....Thanks God I don't have HOA in my community!....

If you are not authorized to trans-plant them in a different spot (permanent spot) in your yard and you want to keep the plants, consider trans-planting them in pots!....Since they will be in pots would be much easier for you "to move them around" in different spots on your property! (you get the idea!).....:2723::bananarow::2723:

HMelendez 02-12-2017 02:53 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by kaczercat (Post 302537)
What does that mean? what is HOA? are you are renting a house, you planted a banana and you weren't supposed to?

Matt,


HOA = Homeowners Association

Snarkie 02-13-2017 10:18 AM

Re: SOS: HOA wants my banana TREES removed
 
I hate HOAs. They have no legal right to dictate what you can or cannot do in your own yard. I'm waiting for the day when Congress passes a bill to allow homeowners to sue their HOAs like HMOs several years back. You'll watch them evaporate overnight. A private entity CANNOT take precedence over laws. As soon as someone proves this in court, there will be millions of free Americans telling their HOAs to go 4^<3 0*%.

Richard 02-13-2017 11:23 AM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Snarkie (Post 302571)
They have no legal right to dictate what you can or cannot do in your own yard.

Actually they do, it's right there in the property Title.

Snarkie 02-13-2017 11:39 AM

Re: SOS: HOA wants my banana TREES removed
 
I understand your POV, but that's because you sign your rights away. They say that is optional, you don't have to sign, but you do.

If you don't sign, you can't purchase. Legally, that is extortion, and it is illegal. It's only a matter of time before these things are challenged in court, and they will be ruled unconstitutional.

Richard 02-13-2017 11:56 AM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Snarkie (Post 302575)
... If you don't sign, you can't purchase. Legally, that is extortion, and it is illegal.

No it isn't: it's a condition of sale. Extortion has a different legal definition:

the practice of obtaining something, especially money, through force or threats.

kaczercat 02-13-2017 12:18 PM

Re: SOS: HOA wants my banana TREES removed
 
Because of one new person? What do they do, walk around the neighbourhood with a vest on looking for things they don't like? lmao! Someone not liking something has nothing to do with the law right?. I don't see why you should comply. If there are overhead wires, height restrictions that's different. But not because they don't like the apearence of something that's not on the city's property.

Richard 02-13-2017 01:05 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by kaczercat (Post 302579)
What do they do, walk around the neighbourhood with a vest on looking for things they don't like?

Yes.

Quote:

Originally Posted by kaczercat (Post 302579)
Someone not liking something has nothing to do with the law right?

Actually it has to do with the terms of the HOA which vary by state and property. It all cases they can have exterior landscaping removed by a simple vote of the board.

Snarkie 02-13-2017 01:23 PM

Re: SOS: HOA wants my banana TREES removed
 
Which is exactly why they need to be abolished. I'm convinced most HOA board members are told what to do by their wives, and this is their one little grab at power.

Richard 02-13-2017 01:39 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Snarkie (Post 302582)
Which is exactly why they need to be abolished. I'm convinced most HOA board members are told what to do by their wives, and this is their one little grab at power.

Typically they follow recommendations from the property management company they've hired for maintenance, accounting, etc. In this case it might be that the landscapers did not want to work around and/or maintain a banana plant.

edwmax 02-13-2017 02:00 PM

Re: SOS: HOA wants my banana TREES removed
 
I wasn't going to comment, but ....

One I would review the HOA Landscaping requirements and the terms of your deed.

Two, determine why the banana plants are not allowed. Was it because they simple were not listed on the 2015 approved landscaping plan; or do they not meet other landscaping requirements. Is there an oversight remedy for over looked plants that would have otherwise been approved.

Three, was this HOA committee action or result of a complaint from one owner?

Four, I would request copies of the landscaping plans of the neighbors. Then see if their yards meet all HOA requirements. (which I doubt) Make complaints against them too. Especially, the Owner that complained about your bananas.

If you can stir up enough of the owners, then you might be able to get a landscaping requirements changed and/or approval for your plants. ... This is a situation where some tend to 'bluff' the requirements to get their way or make themselves a 'big-shot' in the HOA. So know exactly what the requirements are; and question the HOA why you are being single out when other owners do not meet the same requirements.

kaczercat 02-13-2017 02:52 PM

Re: SOS: HOA wants my banana TREES removed
 
WOoW That's actually sad

Caline 02-13-2017 03:13 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by kaczercat (Post 302537)
What does that mean? what is HOA? are you are renting a house, you planted a banana and you weren't supposed to?

Hi HOA means Home Owners Association (HOA) and as I mentioned, these plants are part of a landscaping project for my outdoor space, submitted to the board of directors and approved in 2015.
In answer to your question, yes, I planted the bananas within the borders of landscape project bed.

As we at bananas.org know, bananas are not "trees," so contrary to the accusation, I have not gone beyond the bounds of my landscape project which speaks of planting "mostly Florida native plants and shrubbery".

If I wanted a fight I could argue, it's a grass plant, not a tree but I have a great aversion to conflict and donot see a long term win. HOA like the IRS, also get their way.

Caline 02-13-2017 03:15 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by HMelendez (Post 302538)
Lydie,


I'm sorry for the situation with your HOA!....Hopefully you have the opportunity to harvest the fruits!....Thanks God I don't have HOA in my community!....

If you are not authorized to trans-plant them in a different spot (permanent spot) in your yard and you want to keep the plants, consider trans-planting them in pots!....Since they will be in pots would be much easier for you "to move them around" in different spots on your property! (you get the idea!).....:2723::bananarow::2723:

Yes, that could be a plan. thanks

Caline 02-13-2017 03:25 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by kaczercat (Post 302579)
Because of one new person? What do they do, walk around the neighbourhood with a vest on looking for things they don't like? lmao! Someone not liking something has nothing to do with the law right?. I don't see why you should comply. If there are overhead wires, height restrictions that's different. But not because they don't like the apearence of something that's not on the city's property.

Yes, it is very frustrating. I ask myself. Do these plants obstruct someone else view?, No. Do they block their right of way or thru passage?. No. Are they hazardous, about to fall on someone? No. Are they ill-kempt and unsightly? No (that was the only stipulation in approval, that I maintain the lanscaping. ) Do they in any way cause harm or prejudice to others? No.


Lydie

Snarkie 02-13-2017 03:26 PM

Re: SOS: HOA wants my banana TREES removed
 
If they were already approved, how in the hell can they "un-approve" them?!

All it would take is a quick definition from an expert to explain that these are plants, and not trees.

Caline 02-13-2017 03:29 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Snarkie (Post 302582)
Which is exactly why they need to be abolished. I'm convinced most HOA board members are told what to do by their wives, and this is their one little grab at power.

Actually this HOA is told what to do and what to vote by the Property Management company who does the books. But that's another subject.

For now I'm letting my bananas ripe. We need 85-90ª weather for that and it doesn't look like we're getting any soon.

Caline 02-13-2017 03:34 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Richard (Post 302583)
Typically they follow recommendations from the property management company they've hired for maintenance, accounting, etc. In this case it might be that the landscapers did not want to work around and/or maintain a banana plant.

Good point, however,in this case the board requires I maintain the bananas along with the rest as a condition to approval of my lanscaping project. The landscaping company has no interaction with any of my plants.

Snarkie 02-13-2017 03:34 PM

Re: SOS: HOA wants my banana TREES removed
 
When they ripen, you should make an offering by shoving one up each and every HOA and property management's tailpipe. :2709:

sputinc7 02-13-2017 03:46 PM

Re: SOS: HOA wants my banana TREES removed
 
If it was approved, and since bananas are not trees, I would submit it to the board and fight it. They are in the wrong here. But, that's just me.
Some people will bully you and push you as far as you will allow. Don't fight now, they will start in again with something else. Defend yourself.

Caline 02-13-2017 03:50 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by edwmax (Post 302584)
I wasn't going to comment, but ....

One I would review the HOA Landscaping requirements and the terms of your deed.

Two, determine why the banana plants are not allowed. Was it because they simple were not listed on the 2015 approved landscaping plan; or do they not meet other landscaping requirements. Is there an oversight remedy for over looked plants that would have otherwise been approved.

Three, was this HOA committee action or result of a complaint from one owner?

Four, I would request copies of the landscaping plans of the neighbors. Then see if their yards meet all HOA requirements. (which I doubt) Make complaints against them too. Especially, the Owner that complained about your bananas.

If you can stir up enough of the owners, then you might be able to get a landscaping requirements changed and/or approval for your plants. ... This is a situation where some tend to 'bluff' the requirements to get their way or make themselves a 'big-shot' in the HOA. So know exactly what the requirements are; and question the HOA why you are being single out when other owners do not meet the same requirements.

You have laid out a very good plan.
It's worth at least take a look at it.

You are absolutely right about other neighbors non compliance. Over the weekend my camera finger was itching to take pics of BBQs too close to structures, (fire code) canoes, paddleboards etc. stored on front lawns (not allowed) two storey tall trees just 12" from structures. shrubbery also too close to structures(against code), dead potted plants decoratiing patios.
:drum:

Caline 02-13-2017 03:53 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Snarkie (Post 302590)
If they were already approved, how in the hell can they "un-approve" them?!

All it would take is a quick definition from an expert to explain that these are plants, and not trees.

Yes, rather ominous. I'm thinking what next.
I could wikipedia them about bananas being herbaceous. LOL

Snarkie 02-13-2017 04:01 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Caline (Post 302597)
Yes, rather ominous. I'm thinking what next.
I could wikipedia them about bananas being herbaceous. LOL

That may be all it takes. They can't argue with proof.

Last year, I was contacted by a doctor in Exton, PA about some dawn redwoods that were going to be cut down by a developer. The town "expert" refused to acknowledge these trees once grew here and were therefore, native. After several emails detailing my evidence that M occidentalis and glyptostroboides are in fact, the same tree, along with threats to have demonstrators show up and chain themselves to the trees and have the local news there to report (luckily, I'm a writer as well), they relented and publicly recognized the dawn redwood as a native tree to PA. This sets an important precedent.

Now, all you need is someone who knows bananas like I know dawn redwoods (and this site is full of them), and you're all set to get an expert opinion.

HMelendez 02-13-2017 04:03 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Snarkie (Post 302594)
When they ripen, you should make an offering by shoving one up each and every HOA and property management's tailpipe. :2709:


LMAO!.......Snarkinator strikes again!.....LOL!...... :2723::bananarow::2723:

Richard 02-13-2017 04:03 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by edwmax (Post 302584)
I would request copies of the landscaping plans of the neighbors. Then see if their yards meet all HOA requirements. (which I doubt) Make complaints against them too.

This might be exactly what is driving the owner that made the complaint about your banana!

:woohoonaner:

Caline 02-13-2017 04:03 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by sputinc7 (Post 302595)
If it was approved, and since bananas are not trees, I would submit it to the board and fight it. They are in the wrong here. But, that's just me.
Some people will bully you and push you as far as you will allow. Don't fight now, they will start in again with something else. Defend yourself.

Yes, What next. That's what makes me hesitate to just pot the bananas or make some kind of rebuttal.
Another detail, in the letter to comply, they speak of "recent tree plantings" when in fact they have been in the ground visibly growing for over a year. I don't know what the legal defintion of recent is, but I wonder.

Of course the letter was not certified or anything so I figure I have at least a week to mull things over before acting on the letter.

As I always tell people. No need to look for "drama and excitement", it will come to you, just wait.

Caline 02-13-2017 04:15 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Richard (Post 302600)
This might be exactly what is driving the owner that made the complaint about your banana!

:woohoonaner:

Who knows, it appears they are the busybody type.
I learned that the same newbies recently had the Board send a letter to cease and desist to another owner about his birdfeeder (prohibited also).

edwmax 02-13-2017 04:16 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Caline (Post 302596)
You have laid out a very good plan.
It's worth at least take a look at it.

You are absolutely right about other neighbors non compliance. Over the weekend my camera finger was itching to take pics of BBQs too close to structures, (fire code) canoes, paddleboards etc. stored on front lawns (not allowed) two storey tall trees just 12" from structures. shrubbery also too close to structures(against code), dead potted plants decoratiing patios.
:drum:


Then I feel you should make a written reply to the HOA that the 2015 project was and is in full compliance with the approved plan. The banana plants were a part of the project as 'native Florida plants'. ... Then proceed to show the non-compliance of the other home owners; more especially if one is on the HOA board. ...You should have a vote either to election of 'Board Directors' or at Board Meetings.

Richard 02-13-2017 04:19 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Caline (Post 302602)
Who knows, it appears they are the busybody type.
I learned that the same newbies recently had the Board send a letter to cease and desist to another owner about his birdfeeder (prohibited also).

A hard way to learn about HOA's.

Snarkie 02-13-2017 04:22 PM

Re: SOS: HOA wants my banana TREES removed
 
This seems to be a very popular thread/topic. I guess I'm not the only one with animosity toward self-contrived authority (or authority in general).

edwmax 02-13-2017 05:59 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Caline (Post 302602)
Who knows, it appears they are the busybody type.
I learned that the same newbies recently had the Board send a letter to cease and desist to another owner about his birdfeeder (prohibited also).

It's these 'newbies' that's bucking to get on the board. Then they will be running your life when they do.

A poem by Martin Niemöller:

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—
Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

Snarkie 02-13-2017 06:12 PM

Re: SOS: HOA wants my banana TREES removed
 
We need to make that work here...

First they came for the bananas, and I did not speak up because I didn't eat bananas.

Then they came for the bird watchers, but I did not speak up because I was not a bird watcher.

Then they came for organic gardeners, and I did not speak up because I was not a hippie.

Then they came for me, and my cat shot their ass.

edwmax 02-13-2017 06:17 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by Caline (Post 302602)
Who knows, it appears they are the busybody type.
I learned that the same newbies recently had the Board send a letter to cease and desist to another owner about his birdfeeder (prohibited also).

What the h''ll wrong with a Bird Feeder? These poor little birds need to eat too. And they make nice music; little babies in the trees; eat mosquitoes.

I'm with you and DA. I have 14 cat and 6 big birds to sic on them.

Let's roll!


Borrowed without permission.

meizzwang 02-13-2017 06:26 PM

Re: SOS: HOA wants my banana TREES removed
 
You could also try to kill them with kindness and share some of the harvest with the neighbors who are complaining. Stirring up a war and getting back at them is a recipe for sleepless nights and heartache for everyone. Keep your friends close, but keep your enemies closer.

If that doesn't work, resort to war, LOL

Kat2 02-13-2017 07:04 PM

Re: SOS: HOA wants my banana TREES removed
 
When I worked as a landscaper in Ohio several years ago, I was sent to the HOAs we "weeded" to do my thing. (No, I didn't stoop down and grab anything--weeding was spraying.) And I did some pruning. HOAs there required the street facing sides to be maintained with the approved plantings; back and side yards could be landscaped by the owner within reason. (Sides or backs facing streets that contained verbotten plants were generally allowed to slide.)

My SO owns property where there was once a very active HOA that was not deeded. (Or perhaps it was but the HOA became defunct?) Some are trying to reactivate it but, even with membership fees of $25 annually, there's very little interest. He has planted FL friendly which means citrus and banana "trees". His musas are exposed to winds so, unlike mine, get shredded leaves. Even without any rules, I keep the brownies pruned and also clipped the others until doing so would have left bare P-stems. (Personally I like the shredded leaves but others may not. )

I suspect the issue with banana plants not being approved is that they can look very messy unless you maintain them; I never complained about unapproved plants in "dedicated areas" unless they were highly invasive and not controlled by the homeowner. (I think I mentioned such a case once in 3 years; I weeded 5 HOAs.)

If it's in a pot, they can't say anything. SDCs can be raised that way and would give you fruit. It's something.

sputinc7 02-13-2017 10:53 PM

Re: SOS: HOA wants my banana TREES removed
 
From the sound of it you have a bully that moved in. Quickly let him or her know they are not the boss and they will either settle in and deal with their place or move on.
If you let them get their way without a fight, they will never stop.

Kat2 02-14-2017 08:21 AM

Re: SOS: HOA wants my banana TREES removed
 
The problem with confronting the bully is that he/she is merely asking that the rules be enforced; even if you succeed in winning them over, the rules don't change. Rather than expend energy on the former, I'd be working with the association to change the list of acceptable plants instead. This is FL--bananas happen here. Who knows? Musas might become a required planting.

Snarkie 02-14-2017 08:50 AM

Re: SOS: HOA wants my banana TREES removed
 
The "bully" is usually a busybody who is so full of hate and misery for their own pathetic life, that they feel they must inflict misery on everyone else as well. Every neighborhood has one. Today, they get away with this because of our current society's mindset. When I was a kid, after they did this to a few kids' parents, someone lobbed a brick or an M80 through their picture window and it usually either stopped, or they moved out and inflicted their self-hating misery elsewhere.

Lydie, I feel for you and I'm sorry you have to contend with all of this crap.

Tytaylor77 02-14-2017 03:00 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

When I was a kid, after they did this to a few kids' parents, someone lobbed a brick or an M80 through their picture window
They would never guess who threw the banana flower through their window. It's quite fun, they spiral like a football. :goteam:

geosulcata 02-14-2017 03:25 PM

Re: SOS: HOA wants my banana TREES removed
 
One interesting fact - in FL, HOAs are not allowed to forbid clotheslines, rainbarrels, or Florida friendly landscaping.
Statutes & Constitution :View Statutes : Online Sunshine

edwmax 02-14-2017 04:00 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by geosulcata (Post 302634)
One interesting fact - in FL, HOAs are not allowed to forbid clotheslines, rainbarrels, or Florida friendly landscaping.
Statutes & Constitution :View Statutes : Online Sunshine

Where do you find the definition of 'Florida friendly landscaping' as being an 'Energy Device'? ... Although the shading and cooling effects of the banana plant are considerable, I think this would still be a hard sell unless there is an explicit judicial ruling else where as such.

geosulcata 02-14-2017 04:28 PM

Re: SOS: HOA wants my banana TREES removed
 
Quote:

Originally Posted by edwmax (Post 302635)
Where do you find the definition of 'Florida friendly landscaping' as being an 'Energy Device'? ... Although the shading and cooling effects of the banana plant are considerable, I think this would still be a hard sell unless there is an explicit judicial ruling else where as such.

That is a different statute found here -http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0373/Sections/0373.185.html

meizzwang 02-14-2017 04:44 PM

Re: SOS: HOA wants my banana TREES removed
 
Instead of guessing the motive, perhaps having a good heart to heart talk with the neighbor can resolve this before it becomes a real fight. Who knows, maybe they're reasonable and willing to work with you! Maybe they're trying to sell their house or trying to refinance their home and perceive the banana plant as being out of place and making the surrounding homes look less valuable, which can affect their financial situation. Maybe they want to impress some friends or business associates at their home. Who knows, they might have solutions that work for both of you. Approach them with kindness and understanding, if you approach them with anger and frustration, you can expect them to respond the same way.

If they fire back with bully tactics and zero compromise even though you approach them with open hands, then war is justified.


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