Placing Christmas tree on the association’s green space

By October 16, 2018News, Questions & Answers

Q: Hi, I live in a condominium association. I just received a notice from our Board that the City has asked our permission to put their Christmas tree on the green space in the front of our property (close to the street). Can the Board make this decision without approval from the owners? And if this is approved, are there any concerns that we should know about?

-J.G., Deerfield Beach

A: Assuming that the association’s green space is not a limited common element of one or several owners, the board by itself can approve the City putting its Christmas tree on the association’s green space. Please note that the approval would need to be obtained at a duly noticed board meeting (i.e. with 48 hours prior notice).  If the board approves of this action, we recommend that the Association enter into a written agreement with the City memorializing the terms of the approval (i.e. the specific dates for the construction and removal of the tree; that the City would indemnify and hold the association harmless agreement from any liability, claims, lawsuits, etc. that result from the tree being on the property; and that the City adds the association as an additional insured and loss-payee on the City’s insurance policy).

Avi S. Tryson, Esq., is Partner of the Law Firm Goede, Adamczyk, DeBoest & Cross. Ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.