Does Board Need Membership Approval to Remove a Dead Tree?

By June 26, 2019 July 1st, 2019 Condo & HOA Law, Naples Daily News

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.

 


John C. Goede Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o 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, PLLC 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.

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