Can You Remove a Tree in a Florida HOA Without Approval?

Do not assume so.

A tree-removal decision in an HOA may involve at least three separate questions:

1. Who owns or controls the tree and land?
2. What do the recorded governing documents and association procedures require?
3. What does the city, county, state, utility, or another public authority require?

Approval from one party does not automatically answer the others.

Use this HOA decision table

Question	Record to check	Action
Is the tree on the owner’s parcel?	Survey, plat, declaration, common-area map	Confirm ownership or control before applying
Is removal an architectural change?	Declaration, rules, design guidelines	Follow written application procedure
Is the tree in common area?	Governing documents and association records	Do not authorize private removal
Is the tree near a road, swale, easement, or utility?	Survey, right-of-way map, utility records	Contact controlling authority
Does local tree code apply?	Current city or county permit page	Obtain permit or written exemption
Is a hazardous-tree statute relevant?	Florida Statute 163.045 and qualifying documentation	Confirm every statutory condition
Is there an immediate emergency?	Emergency procedure, photographs, professional documentation	Notify association and public authorities in writing
Has the HOA sent a violation notice?	Full notice, cited rule, deadline, hearing process	Preserve and respond promptly
Is replacement required?	Approval letter, landscape plan, governing documents	Include species, size, location, and deadline
Is the issue disputed?	Complete record	Consult a Florida HOA attorney

Retrieve the governing documents

Collect the current:

• declaration of covenants
• amendments
• articles and bylaws
• architectural or landscape guidelines
• published rules
• approved landscape plan
• application form
• emergency procedure
• fine and hearing procedure
• prior approval letters for the lot
• association map of common areas

Do not rely on a neighbor’s recollection or a contractor’s verbal opinion.

Florida Chapter 720 recognizes governing documents and includes provisions related to architectural control and association remedies. The exact tree authority still depends on the documents and facts.

Confirm who owns or controls the tree

A tree may appear to be in a private yard while sitting:

• on a boundary
• in common area
• in a drainage tract
• in a utility easement
• in road right-of-way
• in a required landscape buffer
• on an association-maintained parcel

Use a survey or association map.

Do not remove a tree from common area merely because branches or roots extend into the lot.

HOA approval and local permits are separate

The association may regulate appearance, replacement, and approval.

The local government may regulate:

• protected trees
• permits
• right-of-way
• drainage
• utilities
• public safety
• landscape plans
• mangroves
• other environmental resources

Ask both the association and local permit office for written direction.

Use Can You Cut a Tree Near the Street, Sidewalk, or Right-of-Way? when the tree is near public frontage.

Florida Statute 163.045

The statute limits certain local-government requirements for qualifying residential property when the owner possesses the defined documentation that the tree poses an unacceptable risk.

It does not automatically rewrite private covenants or decide every HOA dispute.

Before relying on the statute, confirm:

• property meets the definition
• assessment is on-site
• assessor has the required credential
• documentation follows the required risk-assessment procedure
• tree poses the statutory level of risk
• tree is on the residential property
• another regulated category is not involved

Use Florida Statute 163.045 for the documentation details.

Emergency conditions

An immediate emergency may justify a faster process, but it should not become an excuse to skip every record.

When safe:

• photograph the entire tree and targets
• document root movement, split, crack, hanging wood, or structure contact
• notify the association in writing
• use the association emergency contact
• contact utility or emergency services when required
• contact local permit or code office
• preserve names, times, and instructions
• define the minimum make-safe work
• submit after-work photographs and invoices

A genuine same-day hazard is different from a tree that has been concerning for months.

Written HOA application

A useful application package may include:

• owner and property information
• tree location
• species if known
• photographs
• reason for removal
• risk assessment or contractor scope
• local permit or exemption
• utility coordination
• removal method
• access route
• stump plan
• replacement proposal
• requested timeline
• emergency facts when applicable

Ask for written approval and keep the final conditions.

If the association denies or delays

Do not remove the tree simply because the process is frustrating.

Request:

• written decision
• governing-document section
• missing-information list
• appeal or reconsideration process
• emergency escalation process
• hearing date
• replacement alternatives
• deadline

Consult a Florida HOA attorney when safety, fines, disputed authority, or important deadlines make the issue material.

If a violation or fine is proposed

Florida Statute 720.305 contains procedures relating to association fines and hearings.

Preserve:

• notice
• delivery date
• alleged violation
• cited rule
• photographs
• application
• approval or denial
• contractor records
• permit records
• hearing deadline
• cure instructions
• written findings

Do not assume payment, tree replacement, or a hearing request has the same effect in every case.

Physical removal scope

After authority is established, the quote should address:

• access through common areas
• gate and road restrictions
• work hours
• insurance certificate
• traffic and pedestrian control
• crane or equipment placement
• cleanup
• stump grinding
• irrigation and utilities
• replacement
• final HOA inspection

Visit tree removal services for the physical removal scope.

Visit stump grinding services when stump work is separately authorized.

Call (855) 498-2578 for Florida physical tree-work routing.

ProTreeTrim does not interpret HOA documents, approve emergency exceptions, represent owners in hearings, or provide legal advice.

Sources reviewed

• Florida Senate — Chapter 720, Florida Statutes
• Florida Senate — Section 720.3035, Architectural Control Covenants
• Florida Senate — Section 720.305, Association Remedies and Fines
• Florida Legislature — Section 163.045, Tree Work on Residential Property
• Florida Department of Business and Professional Regulation — Homeowners’ Associations