(WESH) A Florida homeowner has given up in the battle to keep two mall magnolia trees in his front yard in the face of a $5,000 fine levied by his homeowner's association.
They say the magnolia trees recently planted in his yard are "too short".
Pat Fitzgerald recently planted the two magnolia trees, the same type specified by his HOA's guidelines.
The problem, according to the HOA, is that the trees are shorter than the six foot height mandated.
Fitzgerald say that other larger magnolias recently planted on his street are in poor health, and he feels that planting the trees while they're younger will result in hardier plants.
Still, he can't afford the fine and has agreed to remove the trees.