Two Sets of Rules, Not One
Property owners in HOA communities who want to do tree work often discover they're dealing with two separate regulatory layers:
City/County permits: The City of Tallahassee and Leon County have tree protection ordinances requiring permits for removal and significant work on protected trees (particularly live oaks above certain size thresholds).
HOA rules: Your HOA's governing documents — the CC&Rs and any architectural or landscape guidelines — may add additional requirements on top of the city/county rules.
Both apply. Getting the city permit doesn't exempt you from HOA approval. Getting HOA approval doesn't exempt you from city permits.
What HOA Rules Typically Cover
HOA governing documents vary significantly, but common provisions related to trees include:
Approval requirements for removal: Many HOAs require architectural committee approval before removing a tree visible from the street or above a certain caliper. Some require approval for any tree removal on the lot.
Species protection: Some HOAs specifically protect certain species — live oaks, large pines — regardless of city ordinance requirements.
Aesthetic requirements: Some HOA rules specify that landscape changes must maintain a "natural" or community-standard appearance, which can affect what type of pruning is acceptable.
Contractor requirements: Some HOAs require licensed contractors for certain types of work, or require approval of contractors before work begins.
Replanting requirements: When a tree is removed, some HOAs require replacement planting.
The key is to read your CC&Rs and contact your HOA's architectural committee before authorizing any significant tree work.
Common HOA Conflicts
"I got the city permit — do I need HOA approval too?" Almost always yes. A city permit is government authorization; HOA approval is private contractual authorization. Your HOA agreement typically requires both.
"The tree is on my property." Tree protection rules and HOA restrictions apply regardless of property ownership. You own the land; the HOA has contractual authority over how you modify it per your agreement.
"It's an emergency." Genuinely urgent situations — a failed tree on a structure, an active hazard — generally receive more flexibility. Document the emergency conditions and contact your HOA promptly after addressing the immediate safety issue. Most HOAs have emergency provisions in their rules.
"The HOA hasn't responded to my request." Common, frustrating, and worth documenting. Send requests in writing (email creates a record). If you don't receive a response within the HOA's stated review period, review the CC&Rs — some have deemed-approved provisions if the committee fails to respond within a certain timeframe.
City of Tallahassee Permits (Refresher)
Separate from HOA rules: the City of Tallahassee requires permits for removing or significantly altering any specimen tree (live oak, large hardwoods above certain size thresholds), and has protections for trees in developed areas. Leon County has parallel protections for unincorporated areas.
See our detailed post on live oak permits in Tallahassee for the city/county permit process specifically.
Our Role in HOA Situations
We work in HOA communities throughout the Tallahassee area. Before starting work, we need to know:
- Whether you've obtained any required HOA approvals
- Whether the work requires a city/county permit (we handle permit applications)
- Any specific HOA requirements for the work
We're happy to provide written documentation of work scope, tree condition, and professional assessment that supports both HOA approval requests and city permit applications. A written arborist assessment explaining why removal or significant work is warranted can move an HOA application forward faster than a simple homeowner request.
Questions about tree work in your Tallahassee HOA community? Call (850) 570-4074 or request an assessment online.