|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
ChadC
(Indiana)
Posts:15
 |
| 08/04/2006 5:28 AM |
|
We have a resident that lives on a corner lot, he has 3 trees that have become to large for the area, these were trees planted 12 years ago by the original developer. In the past 5 years this resident had a tree that was dying and the HOA paid to have it removed (albeit this person was also the President at that time). We’re in the process of getting a new management company so asking them is pointless; this is one of many reasons why we are looking. So my question to all of you;
Is the HOA responsible for Landscape Easements or only areas designated as common area?
Thanks
Chad
|
|
|
|
|
GeraldT1
Posts:0
|
| 08/04/2006 6:19 AM |
|
ChadC,
What does your HOA's Master Deed, and gov. docs. say about responsibility of the HOA to maintain, or unit owners to maintain easements. What does your borough's code department say about the borough's responsibility to maintain trees that are located in easements?
Please let me know.
GeraldT1
NNJ |
|
|
|
|
CharlesW1
(Georgia)
Posts:821
|
| 08/04/2006 7:29 AM |
|
Chad,
I don’t know all that much about HOA but I would think if the trees are on his land then the he needs to maintain them to any and all specifications in the CC&R or by-laws It shouldn’t matter if they are two weeks old or 30 year old trees. I’m sure the trees (when they weren’t as mature) were great and there was no problem with them at all.
I’ve just re-read your post and I’m confused. Are the trees on his property or are they on common property? I think if they are on common property then they are the responsibility of the HOA, not his. That’s just my opinion, as a HO.
Keep us posted
Good luck
Chuck W.
|
|
Charles E. Wafer Jr. |
|
|
ChadC
(Indiana)
Posts:15
|
| 08/04/2006 8:31 AM |
|
| The trees in question are on what is called a Landscape Easement, and our covenants have NO mention on who is responsible. I think they are on his property according to the master plat, but they are located within this landscape easement. |
|
|
|
|
ChadC
(Indiana)
Posts:15
|
| 08/04/2006 9:18 AM |
|
I think I found the LSE in the Covenants
(e) Landscape Easements (L.S.E.) — Are created to provide areas for the use of the
Declarant and the Association in landscaping and maintaining said landscaping to enhance the overall appearance, value and desirability of the Development. It shall be the responsibility of the Association to maintain such easements. Under no circumstances shall the easement be blocked in any manner. No permanent structures shall be constructed within any such easement areas except as may be approved by Declarant.
I would take this to mean the HOA is responsible |
|
|
|
|
CharlesW1
(Georgia)
Posts:821
|
| 08/04/2006 12:08 PM |
|
I would have to agree with you on that one. That is how I interpreted what it says to be the case. The whole thing can be argued, I’m sure! “It shall be the responsibility of the Association to maintain such easements” That pretty much says it all! IMO
Chuck W.
|
|
Charles E. Wafer Jr. |
|
|
GeraldT1
Posts:0
|
| 08/04/2006 1:34 PM |
|
ChadC,
Your analysis based upon the L.S.E. in your Covenants is accurate. It is the resonsibility of your HOA to maintain the trees, enhance them for overall appearance, value and desirability. If the trees have grown too large, need maintenance, or need removal (perhaps based upon a liscenced arborist's analysis), then your HOA has the obligation and responsibility to maintain the landscaping in the easement. Therefore, the owner(s) of the property appurtenant to the easement pay for the maintenance along with all the other ownerss by their dues.
GeraldT1
NNJ
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|