tree blocking fountain

Started by ElM • 5 replies • 1509 views

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ElM (Florida)
Posts: 1

Posted:

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: 3,699

Posted:

Quote:

What can I do?

Complain to god.

SureshD
Posts: 268

Posted:

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 (Arizona)
Posts: 7,043

Posted:

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: 5,202

Posted:

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: 5,491

Posted:

Quote:

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.

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