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Subject: Tree planting in homeowners yards
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Author Messages
RosalieP


Posts:0


05/09/2006 8:39 AM  
In our community, we are not zero lot line. We OWN and pay taxes on our yards. The HO association is wanting to plant trees in everyone's yards at a location that they have decided upon. Do they have a right to do this???? There is nothing in the by-laws on this. The only thing about landscaping in the laws is that the plan must be approved by the grounds committee.
RogerB
(Colorado)

Posts:5067


05/09/2006 10:06 AM  
If it is your yard owned by you and not common area property the HOA can only plant trees with your approval.
BrianB
(California)

Posts:2820


05/09/2006 11:07 AM  
it doesn't sound like they can.. they can request, but i do not believe they can enforce their will. One area to check is to see if there is an association easement or anything, a setback area that allows them to do certain landscapings, etc..

It would be similar to a city's easement that allows them to place sidewalks, etc. on YOUR property. If that doesn't exist in the rules, then they haven't got a leg.
RogerA
(Florida)

Posts:4


05/10/2006 10:13 AM  
My view is that the Baord/HOA should not be able to simply do as it pleases, however, entrenched in our HOA governing documents is the requirement for the HOA to maintain, repair and/or replace lawns, shrubs, trees and sprnkler systems. Our legal council opined that the Board/HOA can replace.

Look in your documents and see what the HOA role is. You may find the answer to your question there.
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Forums > Homeowner Association > HOA Discussions > Tree planting in homeowners yards



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