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MaryW13 (North Carolina)
Posts: 1
Posted:
Our covenants state that 'all trees, shrubs, vines and plants which die shall be promptly removed.' We have a homeowner whose property line goes through a natural wooded area behind their home. This area can be seen from the road, but it looks like woods. A large tree has fallen and some in the community are demanding that this homeowner must pay to remove this tree (it's probably 75-100 yrs old, but the sub-division is about 9 yrs.) The tree does not pose any danger nor is it easily visable from the road. Does this homeowner need to remove this tree? Previous boards have chosen not to pursue this matter, yet it remains open for any new board. I would like it closed.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, it's stated so in your documents, but whether or not your board deems to ENFORCE that rule is the real question.

The problem is: What about the next guy's dead tree?

What if it had NOT been in a "wooded area, not seen from the road."?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
There's a difference between "naturally grown" shrubs, bushes, and trees and those installed by the developer. This would be one of those where the developer didn't install and thus making the HOA responsible. They can strongly recommend the removal of this tree but probably not responsible to remove it.

The owner should remove this dead tree just for their own benefit. It could be an insurance liability or cause other issues detrimental to the property. Limbs can fall off at any time. However, I don't think anyone can enforce them to remove the tree. IF your HOA could, then they should pursue quotes for it's removal and give them to the owner to negotiate.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
If the covenants state they must be removed and the dead tree came from his property then he must remove it. It doesn't matter if it was planted by the pilgrims or the developer. It should be enforced.

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