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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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RosalieP
Posts:0
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| 08/17/2006 10:46 AM |
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Our HOA bylaws state that every home should have a 2" diameter hardwood tree in their front yard. For some reason, the builders did not fullfill this requirement on 100% of the homes. The homeowners signed a document stating that they had read and understood the bylaws when they moved in. Can we now "require" that they plant that 2" tree in their front yard?
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CharlesW1
(Georgia)
Posts:821
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| 08/17/2006 10:57 AM |
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RosalieP,
That’s a good question. I would assume your BOD is going to start or has issued you violation and/or fines because you don’t have one there now.
I’m not 100% sure. I would think that the BOD or whoever is enforcing these by-laws wouldn’t be able to make you plant one there if the tree wasn’t there to begin with. It wasn’t like you had one and removed it. Essential the build has (approved) the property not to have a tree. Like I said though, I’m not for sure.
Someone will know thought!
Chuck W.
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Charles E. Wafer Jr. |
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GeraldT1
Posts:0
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| 08/17/2006 11:10 AM |
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RosalieP,
Why would the HOA punish the homeowner for the builders's failure to fullfill the requirement? If anything, it's the HOA that should research the cost of a 2" diameter hardwood tree and require the builder contribute the equivalent of the amount of each missing tree to a landscape fund to benefit the HOA. Not to mention there could be a technicality why the trees were not installed on 100% of the homes. For example, underground utilities that may not co-exist well with trees, etc.
GeraldT1
NNJ |
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RogerB
(Colorado)
Posts:3726
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| 08/17/2006 11:33 AM |
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| Rosalie, I don't understand why this would be in your By-laws rather than in your Declaration. What does your Declaration require regarding landscaping? If the tree requirement was in the controlling documents from the beginning of the Development than the next question is are you still under the Developer's control? If so, request they plant to the trees. If not under the Developer's control it became the HOA's responsibility and the initial homeowners Board assumed responsibility. They should have conducted a transition audit and required the Developer to plant the trees. It should not be the homeowner's responsibility. |
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Roger Borcherding
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DARCO Property Management (Colorado)
(303) 925-0150 
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BradP
(Kansas)
Posts:1742
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| 08/17/2006 12:34 PM |
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Rosalie:
Whose responsibility is it to plant the tree, do your bylaws speak to that? Our bylaws speak to the fact that it is the homeowner's repsonsibility to plant a yard, trees, and shrubs within a certain amount of time.
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BrianB
(California)
Posts:1748
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| 08/17/2006 8:06 PM |
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i am just curious, what happens next year, when your 2 inch tree grows a bit wider, and is now 2.5 inches in diameter? Do people have to plant another 2 inch tree, to remain in compliance?
sounds like a weird by-law to me... it has nothing to do with the running of the organization, so it should be a covenent or code, not a bylaw, and it seems very poorly worded... in ten year with some rains, everyone's yard will be full of trees! |
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