tree blocking fountain > HOA Forum

Home

HOA Discussions

HOATalk.com Preview

Service Directory

Help

Member Login

Wednesday, February 08, 2012

Our Sponsors:
(Advertising Information:
HOATalk is viewed over 100,000 times/month!)

HOA Websites by Community123.com (National Community Website Provider)

We built HOATalk and we'll build your community website for free! Click here for information on a free trial website.

Community Associations Network (National HOA Reference Library)

News, articles and blogs about condos/HOA's

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: tree blocking fountain

Prev Next

You are not authorized to post a reply.

Author

Messages

ElM
(Florida)

Posts:1

07/31/2010 6:33 PM
I would like to know if I have any rights. When I bought my condo I loved the fountain view and that is why I mainly bought my place. I bought it new 7 years ago and now the tree that was there grew is blocking the whole view of the fountain in the back yard. I know it is common grounds and they want everything uniformed. I asked if they could cut the tree and they will only trim in between the branches. I just found out that many neighbors on the second floor complained about this and that they had moved some fountains so people could see them instead of removing the trees. Whats good for one is good for all. What can I do? El

SteveM9
(Massachusetts)

Posts:1442

07/31/2010 9:16 PM
What can I do? Complain to god.

SureshD

Posts:0

08/01/2010 5:04 AM
You have the right to complain and to organize others to seek changes in policy to achieve your goals. If that does'nt work... then kill the tree (wink, wink).

MaryA1

Posts:0

08/01/2010 6:45 AM
ElM, Unless you have a contract saying your view of the fountain is protected (which I doubt very seriously!) then you have no legal leg to stand on. IMO, the BOD should never have acquiesed to the first group of members and moved the fountains. Now they'll be faced with others complaining, such as you, and what would you have them do -- move the fountains every time someone complains? Sorry, but they are not obligated to do anything. Yeah, as Suresh suggests, you can try to have them removed but how do you know that a different set of BOD members won't think the same as this board. So, what can you do? Either get used to the tree or just move!

SusanW1
(Michigan)

Posts:5035

08/01/2010 8:26 AM
Pay for the removal (NOT the cutting down) of the tree and for some low growing evergreens. or . . . Start yelling about loss of value for your home, etc. There have been other threads here about ocean views being blocked by trees. Maybe you can do a SEARCH on those discussions. HOAs should look at growth patterns for all plantings before putting them in. How old is the tree?

GlenL
(Ohio)

Posts:3526

08/01/2010 10:21 AM
Posted By SusanW1 on 08/01/2010 8:26 AM HOAs should look at growth patterns for all plantings before putting them in. How old is the tree? Susan, typically it's the developer not the HOA that plants things without regard to growth 5-10 years down the pike. When our COA was built they put in Blue Spruces and Fir trees that were about 6' high and were planted 6' from the buildings, they looked adorable I'm told. Fast forward 10-12 years and they were 30' feet tall and had to be constantly pruned to keep them from hitting the buildings. Still we had complaints from homeowners when we had them removed. One woman complained bitterly about the BOD removing "her" tree; never mind it was half dead from bag-worm infestation. Of course she also complained bitterly about the use of pesticide in an attempt to kill the bag-worms. Come to think about it she complains bitterly about everything the BOD does.

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > tree blocking fountain

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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ) Terms Of Use Privacy Statement