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KarenC15 (Florida)
Posts: 118
Posted:
There are two associations for my property and both are managed by the same PM. Recently, two trees, a 20ft mature line of shrubs and several mature plants were removed without any meetings, discussions, etc. My home was negatively impacted as the tree removed behind my home shaded it and provided a barrier between the road and my home which helped with both dirt and noise. The tree was there when I purchased and was alive.

My questions is whether or not removing these mature and expensive plants and not replacing them is within the purvue of a PM or board to do without a meeting or member votes. The replacement cost would be thousands. It is an ongoing issue, but now I have been negatively impacted and am not sure what to do next. The PM will not answer questions about it, which is his typical behavior--he says to go ask the neighbor on the board.

Hatred is contagious, so one should work to avoid it.
TimB4 (Tennessee)
Posts: 21,061
Posted:
I take it that this goes back to your original thread on the topic in August:

Subject: Major/Substantive Changes to Common Areas - Vote?

Quote:
Posted By KarenC15 on 02/17/2014 8:19 PM
T
My questions is whether or not removing these mature and expensive plants and not replacing them is within the purvue of a PM or board to do without a meeting or member votes.

As was pointed out in your original thread on the issue, typically the Board has absolute authority over the common area. This is part of the authority provided by the governing documents.

Quote:
Posted By KarenC15 on 02/17/2014 8:19 PM
T
now I have been negatively impacted and am not sure what to do next.

You use the term "negatively impacted."
May I ask how you are quantifying this impact (i.e. how are you measuring the impact)?

If you can quantify it, you might be able to seek recovery of damages. However, you would also need to prove actual (not perceived) damages.

Quote:
Posted By KarenC15 on 02/17/2014 8:19 PM
T
The PM will not answer questions about it, which is his typical behavior--he says to go ask the neighbor on the board.

Have you requested a meeting with the Board about the issue?
If you did, what were the results?

If you have not had a meeting with the Board, I'd suggest trying this route first.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Yes, Karen, direct your concerns to the Board of Directors at a Board meeting. It might help if you take photos to show how the lack of a tree affects you.

It was the Board's decision to do this. Wasn't it discussed at a Board meeting? Do you attend meetings? Do not try to deal with a neighbor who's on the board as your CAM suggested.

If you believe that others of your neighbors also have been negatively affected, see if you can round up some of them to support you at a board meeting.

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