2019 Legislation – House Bill 1159 does NOT void any aspect of the HOA’s Covenants concerning tree removal, nor does it eliminate or retard in any way, the HOA’s duty to enforce its Covenants. The removal of trees continues to be subject to prior approval of the Architectural Control Committee. Unapproved removal of trees can be subject to monetary fines adopted by the Board.
Article III of the Buckhead HOA Covenants charges the ACC with the responsibility of minimizing the destruction of trees and existing ground cover when approving a request to construct on, or modify,a lot. The Covenants specifically require the preservation of trees, existing ground cover and other natural features when possible.
Further, Article XX – entitled “Tree Removal and Damage” provides the following:
“The owner [of a Lot] shall at all times protect against any direct or indirect damage to all vegetation, trees and land features located on the Lot and not specifically shown to be affected in the construction documents approved by the Architectural Control Committee. No trees shall be removed or damaged without the prior written approval of the Architectural Control Committee.”
Below is a link to the HOA’s current TREE REMOVAL GUIDELINES AND REQUEST FOR APPROVAL PACKAGE.