Tree removal w/o my consent

Started by LibiA • 20 replies • 2254 views

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LibiA (Florida)
Posts: 7

Posted:

The association removed a tree from my property without my consent and it is now sending me the bill. The tree was removed to repair a neighbor broken water pipe. I paid for the repairs but still working with HOA to remove tree removal fees. Two of my other neighbors were given the option to remove the roots causing the broken pipes but not me. What do I need to do? Also shouldn't every owner pay for their own broken pipes?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Why did you pay to repair your neighbor's pipes? There must be more to this story.

State law should discuss this. Or your CCR docs.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Lib

I would like a definition of from my property from you.

Thanks.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I am sure your neighbors were given the chance to remove the trees/roots by the HOA. They choose to do it themselves and my guess you didn't. Which forced the HOA to do the work on your behalf and send you the bill. Which by the way they can lien for if you don't pay it.

Now you did not include how your HOA is set up. Was this on common property? Do you own the house and the HOA the land around it? Several ways HOA's are set up. So without knowing how yours is, it is hard to give advice.

I agree there is more to this story than your posting. Which I suspect that maybe someone didn't want to have this work done in the first place?

Former HOA President

LibiA (Florida)
Posts: 7

Posted:

This is how all started
1 - I called the assoc and they said it was my responsibility - I hired someone to fix the issue and he said it was my neighbors pipe not mine.
2 - I called the association and they said I needed to take that issue with my neighbor.
3 - I contacted my neighbor and they went crazy on me, saying that his water pipe could not run thru my property.
4 - I then contacted the association and told what had happened and they said they will investigate.
5 - The next morning they came to my house fixed the water pipe and remove my tree while I was at work.
6 - Received bill for the repair and the tree removal
7 - Have been trying to fix this issue thru email and in person and still no resolution.
8 - In the mean time I paid for the repair but not the tree removal

The association did not obtain a permit from the city or from me for this tree removal. They claimed that that piece of land belongs to me and that I should show them the property survey. I do not have the property survey....they do in fact are responsible for mowing the loan but claimed not responsible for the water pipe issues.

LibiA (Florida)
Posts: 7

Posted:

The association could have easily repair the water pipe by only removing the root and not the whole tree. As other 3 neighbors plus association have done on common property. They had no right to remove my tree. Please advise. Thx

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If they are responsible for mowing then that ground could be considered common. Did you plant the tree? Why remove just a root? It would grow back or kill the tree. So bestt to remove...

Former HOA President

LibiA (Florida)
Posts: 7

Posted:

That was exactly my response if you cutting the grass why not be responsible for the pipe repairs. Their answer was that it is my property and without a survey I can not prove it. But even if it is considered my property ...many neighbors have just remove the root only. The tree was there went I bought the house.

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By LibiA on 06/25/2013 5:43 PM
Please advise. Thx

I do not understand why the association says it is your property then demands that you prove that it is your property.

My advice is to contact an attorney before going any further with this. Parts of this story make little or no sense.

NancyG3 (North Carolina)
Posts: 342

Posted:

You said you could not prove it is your property without a survey. Your property should have stakes that mark your property. A metal detector would be able to find them. Look on the plat of your property, it would show if the tree was in a common area or in an easement. Since you paid to repair the pipe (don't know why you would do this)what amount are you being billed for from your Board? Is this worth a lawyers fees? Hope this helps.

JeanneK3 (Maryland)
Posts: 562

Posted:

LibiA:
You do not need a survey. The plats to your development are probably on file with your local land office. The plats and your declaration will tell you whether the tree and buried water line is on your property, limited common property or common property. I live in a townhouse condominium and all utility lines, even under limited common property, up to the walls of my home are the responsibility of the association.
Jeanne

KevinK7 (Florida)
Posts: 1,343

Posted:

Several things.

Depending on where you live you should be able to look up the plat of the neighborhood with county records.

For instance, in Orange County, Florida, you could look the official records with the Orange County Comptroller. It is easily accessible from the website. An easy way to identify the location of the plat is to look at the deed and see the book and page reference.

I also find it strange that the HOA insists that the tree was on your property, then asks you to prove it is your property, and then removes it anyway and sends you the bill. I also find it strange that you would have to pay for the repair of your neighbor's pipes. Those repairs would be their responsibility.

Now, you may also want to check your covenants and restrictions. I have seen in some newer documents that grant the association power to come onto someone's property and make alterations at the owner's expense, but even then there should be an outlined procedure - they shouldn't be able to just enter your property without notice and perform their duties.

CarolF (Florida)
Posts: 435

Posted:

Because the Association mows the property does not necessarily mean it is common property. I am in Florida, where it is not unusual for an HOA to be tasked with mowing individual lots, entirely owned by individual property owners. This is the case in my community.
Large trees can be a terrible problem to sidewalks, driveways, water pipes, etc. especially in an older development. I am wondering if the only solution to the water pipe problem was to get rid of the tree, and the poster was not willing to do this promptly.

MatthewW4 (Arizona)
Posts: 500

Posted:

I suspect that there is an easement across the OP's property for the pipe.

As a general rule, the person/entity who has the right to use an easement may remove anything that impedes the use of the easement. If the tree was growing within the boundaries of the easement and its roots were causing problems for the pipe, the user has the right to remove the tree. If the tree is growing outside the boundary of the easement then the owner of the pipe probably would not have the right to remove the tree but could sever any roots growing into the pipe.

I do not know enough about easement law to know who pays for what in a situation where the property owner's tree has damaged the pipes in an easement.

I can see now how the association could state that the property belongs to the OP but someone needs to have a surveyor identify the exact boundaries of the easement as that seems to be the cause of the dispute.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Matt

Good thinking on the easement. I have two on my property. Typical association issue is one builds a fence over or on an easement. The easement holder can remove the fence to use/get at their easement. They do not have to replace the fence. Most areas with underground utilities have all kinds of easements running all over their property. Typically about a 4-6 foot swath in their front yards.

LibiA (Florida)
Posts: 7

Posted:

I am working on getting the plat and the bylaws and will see what happens. Thank you all for your help and will keep you updated.

LibiA (Florida)
Posts: 7

Posted:

I found the bylaws and it reads "Except as provided in Section 4.03 above, all maintenance and repair of Residential Property in Sailpointe shall be the responsibility of the Owner thereof. This responsibility shall include, BUT NOT LIMITED TO: paint, roof, driveway, walkways, pipes, lines, ducts, conduits and other apparatus which serve the Owner's Residential Unit, whether or not located within the Residential Property's boundaries.

Can you tell me if BUT NOT LIMITED TO means the association is responsible for the paint, roof, driveway, walkways, pipes, lines, ducts, conduits and other apparatus? I know the association is responsible for the paint and roof.

LibiA (Florida)
Posts: 7

Posted:

In case of any emergency originating in or threatening any Lot, the Board
of any individual authorized by it shall have the immediate right to enter any Lot for the
purpose of remedying or abating the cause of such emergency, notwithstanding that the
Owner of such Lot is present at the time of such emergency.

Does this mean the association had to have my permission and me be present at time of the repairs?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

NO ~ in the event of emergency they MAY enter the lot without seeking permission EVEN IF YOU ARE HOME

JohnB26 (South Carolina)
Posts: 1,569

Posted:

ps. no offence meant ~ evidently English is a second language for you

take the 'documents' to a trusted literate friend or a teacher for advice

your quoted sections are 'crystal clear'

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By LibiA on 06/29/2013 12:42 PM
I found the bylaws and it reads "Except as provided in Section 4.03 above, all maintenance and repair of Residential Property in Sailpointe shall be the responsibility of the Owner thereof. This responsibility shall include, BUT NOT LIMITED TO: paint, roof, driveway, walkways, pipes, lines, ducts, conduits and other apparatus which serve the Owner's Residential Unit, whether or not located within the Residential Property's boundaries.

Can you tell me if BUT NOT LIMITED TO means the association is responsible for the paint, roof, driveway, walkways, pipes, lines, ducts, conduits and other apparatus? I know the association is responsible for the paint and roof.

"But not limited to" means there may be other items that you are responsible for that are not listed. For example, the documents do not mention your mailbox but you are responsible for maintaining that, too.

There seems to be a conflict between your interpretation and the section quoted. You said the association is responsible for the paint and and roof but the section you quoted says the homeowner is responsible for paint and roof.

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