Dear Carole, Thank you for taking the time to read my situation. I am a resident of (an HOA in SoCal). It is on approx. 1.5 acres. In June of 2012 I planted 8 dwarf fruit trees on my property. Approximately 1 month later I received a legal letter from (the HOA) attorney that I had planted the trees in a open space restrictions. she sent me the declaration and a rough diagram as to what and where the offense(s) were. However,the declaration has a caveat in it that reads : a homeowner may request a variance and submit it to the board. I did that. Nothing was said until a year later that the board denied my request, and I was given 30 days to remove my dwarf fruit trees and if I didn't : they will pursue all legal remedies to remove them. no explanation was given as to why my dwarf trees were denied, just an ultimatum. I believe the exception of consideration of the rule would be for this exact situation! Planting dwarf fruit trees for fresh fruit (organic) with a water conserving drip system, I cleared this small area(approx. 20'x30') to plant the trees and I removed weeds(potential fire hazard) lowered my carbon footprint and beautified the area. I have had erosion and slippage on my property and initially planted the trees to hold and stabilize the hillside. All of this information has been given to the Atty and the board. I have since researched my rights and found that it is a requirement for the Board to be fair ,reasonable and expeditious in their pursuit, and that they must give me an explanation as to why I was denied. They have not done this. I also requested a boundary line survey as to where I may relocate the trees on my property, (as opposed to killing my trees) and replanting them. The supplied map is inadequate and may lead to further disputes unless the areas are exactly located. Also I'm actually researching and have quotes of putting a solar system on my home, (further lowering my carbon footprint) However I'm afraid the board will file charges against me for that also. I care about my environment and I work to have a environmentally friendly area. I have requested the Board and any other concerned parties come to the property for a internal dispute resolution to view and discuss their concerns.BTW the trees have no effect on any neighbor for height ,view, etc. What I'm requesting from you is any legal rights and or ideas you and the sierra club can offer me to help me save my trees and lower my carbon footprint. On a personal note, I feel I'm being treated unfairly by HOA and the board. thank you for your help in advance. Sincerely, Art Benner Editor's Note: The message above has been edited to remove the HOA name and address and attorney name and phone number.