Homeowners are responsible to fertilize and maintain a tree in the right-of-way, the board says.
"It's funny, I don't have the right to plant a tree in front of my house," Fitzgerald told WESH. "There's something wrong there."
The board asserts that mediation was not necessary if he had dug up the trees.
"[Fitzgerald] has one that is only 5 feet tall and we have not asked him to remove that. We have not said anything about that. We're not a bunch of idiots. We're just a bunch of neighbors trying to keep property values where they are," the board president said.
"All he had to do was move his trees two feet into the other side of his property. He may think it's his property but it's HOA's," the board president said. "Yes, he has to take care of it."
The board says the issue is not about the $5,000 fine.
"In mediation, we told the mediator, we don't want his money," he said. "We don't want the $5,000. We just want the trees removed. He can put it anywhere on his property just not there."