Q: Our community has many large, mature and beautiful trees, one of which is on my property, but has now died. The Association denied my request to remove the tree, even though I received a report from a professional that the tree was dead. With it being hurricane season, I am worried that a strong storm will cause the tree to fall on my villa. Does the Board need membership approval to remove a dead tree within my property line?
K.J., Vero Beach
A: It would be very unusual for the governing documents to require membership approval to remove a tree. There is no law that requires membership approval to remove a tree. Moreover, if you are a condominium the Division of Condominiums gives Board’s broad latitude to alter landscaping without approval of the membership. In this case if you have not already done so I would suggest that you provide the report regarding the tree to the Association and request that they either remove the tree or give you permission to remove it. If they fail to do either and the compromised tree does falls and damage your home the Association could be deemed negligent for failing to correct the problem. Also, keep in mind some counties require a permit to remove trees so you should check with your County on that issue.
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