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A HOMEOWNER was left with a massive legal bill after her HOA took issue with a line of trees planted on her land before she even moved into the home.
Candace Carteen, 68, bought her $140,000 Washington property in 2002 after she fell in love with its idyllic setting alongside “a beautiful lake, two blocks from the ocean in the middle of a forest.”
But 17 years later, the writer received a notice stating the 21-foot shore pine trees which sit between her home and the lake were “out of compliance” with rules imposed by her HOA.
It triggered a four-year battle with the Surfside Homeowners Association which cost her $21,500 in legal fees and the destruction of the forest surrounding her home due to Surfside making her cut them down, she says.
The HOA argued the trees – already planted when she moved in – must be limited to 16ft so homes on a street called J Place, could retain their water views, she said.
Built on former wetlands, the community now experiences increased flooding as trees that once absorbed excess water are gone, Carteen also claimed.
She alleged that Sea Breeze Lake, once a pristine sight, now suffers from toxic blue-green algae outbreaks requiring chemical treatments.
“We watched our forest go from a beautiful healthy forest with a beautiful healthy lake to something that looks like it sits in a California desert,” Carteen said.
“I went from having a beautiful little house in the middle of a forest on a beautiful lake to the destruction that I currently have.”
At the heart of the conflict is a group of homeowners from J Place – properties built on higher ground about a quarter mile from the ocean – who Carteen claims have control of the HOA board, which has enforced tree height restrictions which protect their ocean views.
J Place, Carteen explains, is a built on the original dunes about a quarter-mile from the ocean and homes there sit higher than the bowl-shaped area where her property is located.
According to Carteen, J Place residents have formed a group called “Surfside Preservation” with one goal: unobstructed ocean views.
In 2019 Carteen received a notice from the HOA that her trees were “out of compliance” and needed to be cut down, sparking a years-long battle.
The directive stated her trees must be limited to 16ft in height, while properties closer to the ocean could maintain trees at 24 or even 34ft.
When she questioned this discrepancy, an office manager reportedly shouted, “Everything’s for J Place!”
She claimed a J Place resident told her: “We are promised that we will have a 180-degree view of the ocean from every window in our home.”
And she said there is an HOA “civility clause” which prohibits negative comments about board members.
She resisted the directive.
After attempting to take her case to small claims court, Carteen discovered the HOA had already filed in superior court, she claimed.
The ensuing legal battle cost her $21,500 before she was forced to settle, unable to afford the estimated $80,000-$100,000 lawyers said would cost her to continue fighting.
Carteen said she “cried a lot” when she was forced to cut down her trees in November and December of 2023, noting the trees would have died anyway if she only trimmed them.
She also said many of her neighbors complied with an order to cut their trees down.
HOA crackdowns in the US
States across the country are working to restrict the power of HOAs.
- In Minnesota, lawmakers introduced a bill that would require HOA boards to create a schedule of fines and fees and distribute it to homeowners; ensure homeowners can contest an HOA fine; provide reasonable time to correct rule violations; and outlaw the practice of charging homeowners for asking questions.
- In Arizona, lawmakers are cracking down on HOA budgets. Under a newly proposed law, HOA boards would have strict guidelines for how they approve expenses.
- In Florida, a bill was passed that restricts the amount of control HOAs have over tenants’ property. It also stops HOAs from fining homeowners for leaving trash cans out and holiday lights up.
- In Atlanta, bipartisan bills were introduced to reign in overly aggressive HOAs to protect homeowners.
- In California, a new bill requires HOA elections to be monitored and the board to comply with certain homeowner requests.
- In Colorado, new HOA rules require greater transparency between HOA board members and tenants.
- And the Federal Fair Housing Act sets housing standards for all homeowners, tenants, and landlords.
Adding to the controversy, Carteen says residents recently discovered that trees within 300ft of county roads cannot legally be cut — information that came too late for many homeowners who had already complied with the HOA’s demands.
The situation has reportedly affected property values, leaving some homeowners unable to sell without taking a loss.
“There’s still a small group of us that are fighting, but the wind has been taken out of our sails,” she said, noting that her experience reflects a growing national problem.
“By the year 2030, they’re predicting that at least 50% of all homes built will be in an HOA.”
For Carteen, who lost her 64-year-old husband in 2007 and raised her son as a single mother, the dream home she once cherished has become a painful reminder of what happens when.
She hit back saying, “a board of trustees who is supposed to be working for all of the owners are only working for themselves.”
Carteen co-wrote a self-published book this year on the topic called Legislative Strategies Combating HOA Corruption.
On alleged HOA abuse across the country, Carteen said: “It’s getting worse. It’s not getting better.”
Surfside Homeowners Association did not immediately respond to request for comment.
