Shaved tree/Community property

One member of our SMALL condominium community recently shaved, all the way to the top, a mature live oak tree because he didn’t like the bird droppings. They have owned here as a second home for quite some time, but moved in 1 month ago. He gave the president quotes for tree trimming 3-5 large limbs from 3 trees. The HOA did not pay for this (that I am aware of, His wife is the treasurer) He said he paid for the "extra work" out of his own pocket. Now 1 tree is essentially half a tree (I see a liability here in this Hurricane and Wind Zone area) and the 3-5 limbs from the second tree follow the lines of his parking spots. The tree will never recover from this selfish act. AND to top it off I know they are looking at homes. They do not intend to stay. Is there any recourse?

It is obvious to anyone driving into our parking lot that there is 1 rogue owner that put himself and his desires ahead of everyone else and the betterment of the community. This I believe has affected our property values. What is the point of fining for damage. How do you put a price on half of a 50 year old oak tree.

Per the City tree ordinance It is a protected species, it may even be a landmark tree with additional protection ..... (and it is/was over the height of our building...3 stories with vaulted ceilings)

What do you do in a situation like this? I have contacted someone at the City, I hope can help from them.

Pat,

This sounds bad all the way around.

Your Paul Bunyon got at least a verbal approval from the President to whack away at the trees. From what you wrote, the association did not know who was going to do the work on the trees or what work would be done. It was poor judgment for the president to authorize the resident to take total control over butchering the trees. Because the trees are common property the association should have hired a licensed arborist to do the work, decided in advance what work would be done, and then reviewed the finished work.

At the very least, the president breached his duty to the association by allowing the work to be done without any supervision or oversight and by allowing the work to be done by unknown parties.

As an owner, you have an undivided property interest in this tree. The damage to the tree diminishes the value of your interest. Look into making a claim against the property insurance of both the president and Mr. Bunyon to recover your loss.

Tim,

I am not an attorney. The homeowner destroyed the tree and is liable for the damages whether he had permission from the president or not. How much liability others may have is a big question. The fact that the homeowner sought permission to trim the tree at his own expense does not relieve him of the responsibility for doing the work in a professional manner.

The president was negligent in permitting a homeowner to do this. The association should have hired and supervised a licensed arborist to do the work. It appears that the homeowner did not disclose what he was going to do, who was going to do the work, or what the costs would be. Obviously, no one from the association was present while the trees were destroyed.

At the very least, the board should elect a new president. They need someone who exercises better judgment. While I have in the past and will continue to advocate delegation of authority to the executive officers, this was the result of the president failing to take control of who is performing work on association property.

My suggestion to file an insurance claim was not intended to be a suggestion to file a lawsuit, which would depend on a lot of factors.