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Madison Green HOA seeks time to replace trees removed without permit; magistrate orders status hearing
Summary
Windham Village Homeowners Association representatives told the magistrate they removed multiple trees alleged to be damaging utilities and are now working to produce a landscape plan and vegetation permit; the village set a May status/fine-assessment hearing and warned fines if the HOA does not progress.
The Windham Village Homeowners Association told Special Magistrate Doug MacGibbon on March 12 that members removed multiple trees without obtaining a vegetation-removal permit after residents complained the trees’ roots threatened hydrants and water lines.
Sean Patterson, authorized agent for Windham Village Homeowners Association, said board members walked the property with an arborist and removed trees they believed posed a material risk to utilities. The association reported it must recreate missing landscape documentation from the community’s original approvals before a vegetation-removal permit can be issued.
Why it matters: The HOA faces a village requirement to have an approved landscape/vegetation plan tied to the original development order; without that plan, staff said, the association cannot complete the permit review. The village said the association must either submit a plan and obtain a permit or face fines.
Board representative Patterson asked for a substantial extension—90 to 180 days—so the HOA could prepare a new plan and obtain approvals. Village staff said the process would be lengthy and would likely require engineering and landscape design (staff estimated professional costs of roughly $10,000–$15,000).
The magistrate’s direction and outcome
Magistrate MacGibbon rejected the HOA’s citation of a Florida statute as an absolute defense without a certified arborist’s letter on site and instead set firm municipal deadlines: the association must pursue a vegetation permit and provide status at a May 14 “status / fine assessment” hearing; magistrate set a compliance date (per staff) and ordered a May 28 deadline to finish permit submission steps. If progress is shown the magistrate said he would consider further continuances; if not, fines will begin.
Ending
The association was ordered to proceed with a landscape plan and vegetation-permit application; staff and the HOA will work to document the required plan. The magistrate will review progress at a May status hearing and may place the association on a fine-assessment schedule if insufficient action is evident.
