Opinion of an Associations Actions - Please help

I feel our Association gives a bad name to other HOA's by the way they behave. But perhaps they are OK in their actions and are doing nothing wrong. I sincerely would like an opinion and any advice on recourse if applicable. I am going to try to be succinct in the description of my issue, and anticipate questions asking for more detail which I will answer.

We had a neighbor that would not maintain his trees and landscape. We have a wall that spans 200 feet that is 6 feet tall. We have U shape house so we look into the wall everyday. This wall was white plaster. He had an small leafed ivy vine that grew over and his tree roots were cracking the wall. To be a "nice guy" I allowed the vine to grow over and I planted vines on my side on the top an bottom walls (see attached pictures). The vines filled in and the vines rooted on my side and my new vines made the wall covered with a lush green vine on our common wall. The vines also hid the cracking caused by the trees. We lived this way for many many years with no problems.

A new neighbor bought the house and started with all kinds of crazy ideas and had no regard for HOA rules. Currently they have tons of violations. They wanted to cut and remove the vine on their side of the wall. We told them if they do, it will kill the vine on my side and I will look at 200 feet by 6 feet of dead vine and to remove it will damage the plaster as the vine anchors into the plaster. I went to the HOA for help and they heard my neighbor out. The architectural committee had a closed door meeting with them at their home to discuss. I asked why I could not attend as it concerns me. They said "Its not an official meeting". I asked numerous times "will you please meet with us and discuss our concerns?" They refused. I sent a letter detailing the damage that would occur and begged them not to allow this. They would not meet with us and still have not.At this closed door meeting, they (ARC) told the homeowner the could cut the vine. I told them "this is a common wall. We need to agree too" , I thought that was an unofficial meeting? They cut it and it has killed the vine on our side and although there is some green from where I planted, it stressed the plants and the whole thing is horrible looking.

To repair this, it will cost $4,000. Do I have any recourse against the HOA in small claims court for not applying the CC&R's correctly and making a decision on a common wall without having requested meetings from us as they did from the neighbor? I don't want to sue, but don't know what to do.

Thank you in advance for your advice.

May I point out vines on houses or structures are damaging? They cause severe damage over time instead of hiding. They add weight and moisture. 2 things that ruin structure and cause cracking. It looks good but worst thing you can ever do to brick or plaster structures to ruin them.

Blaine,

Typically, the laws allow an owner to trim any plant or tree limb that is overhanging on their property to the property line.
see: http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html

If you can prove that the trimming killed the vine, and it wasn't something else, you may be able to take your neighbor (not the Association) to court to recover damages. Of course, you, as the owner of the plant, have some responsibility for not trimming the plant yourself and allowing it to grow into the neighbors property. You were informed of the problem and chose to do nothing rather then respond by saying you would trim the vine. How much of that responsibility will offset the damages you are seeking would be a question for the courts.

As a side note, as has already been mentioned, ivy covered walls and buildings look great. However, they also cause a lot of damage over time.
See: http://www.oldhouseweb.com/how-to-advice/ivy-and-vines-attribute-or-detriment.shtml

Ahh,

I see that I may have misunderstood. The neighbor didn't cut your vines but their own vine. The portion of their vine that grew over the wall died. Since vines attach themselves to the wall, removing the dead vine will cause additional damage that will have to be repaired.

Typically, with shared walls, it's a shared expense. If your neighbor does not want to pay their share, you will have to either suck up the expense yourself or take the neighbor to court.

I don't see how it's an Association issue. The damage was caused by the vines growing and attaching themselves to the wall. The death of the vine simply allows this damage to be seen. As I said earlier, the issue is between your neighbor and you.

Who actually owns the wall? Is it the HOA? Need to know where the lines are drawn in your HOA. In our HOA, you can put up a fence but you paid for it. We just approved or enforce rules to remove it becomes a hazard. We do have a fence that runs along the property between the road and the houses along it. That one we do maintain because the developer installed it.

So need to find out the lines of responsibility. Then it may determine it is a court issue than a HOA one. If you want the HOA to handle it, then understand it may take special assessment. It will be EVERYBODY contributing to fix the issue.

Well, I agree that that is one way to look at it. However, I'm not sure that the argument would stand up in court. Of course, that is a laypersons opinion as I am not an attorney and I do not work within the legal profession.

It may cost you more to find out the answer then the cost of the repairs.

Unfortunately, it looks like you're on your own.

You might reach out to your new neighbor and ask them to participate financially, but from the history you presented, that's not likely to happen. Your neighbor probably requested a meeting without you present in order to avoid the conversation with you. The HOA authorized your neighbor's request to cut what was growing on their side of the wall. It seems obvious that the HOA decided to address your neighbor's request only - And decided not to get in the middle of what they think is a neighbor-to-neighbor issue.

The only recourse you might have is if the HOA takes action against you. If they now sent you a notice that your side of the wall is in violation, then you would have a legitimate claim that you gave them advance notice, and you should not be penalized for the act of your neighbor. But if the HOA takes no action against you, then that's the end of it.

Eventually, one of two things is likely to happen. You will get tired of looking at the wall, and fix things on your own - or - the HOA will tell you to take care of it, and you will respond that the issue is between the HOA and your neighbor. They're the ones who made their decisions in private and ignored your requests. It's on them.

Blaine

In your original post you said you were being Mr. Nice Guy about the neighbor's vines but you said you also joined in planting your own vines and liked the look you both achieved. You could have just cut the ones that came up over your side but you decided to go along. Now the neighbor decides no more vines and cut his down and your side looks like crap. Now no Mr. Nice Guy, you want someone to hang out to dry.

Is there a lesson here for all?