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BobM22 (Oregon)
Posts: 2
Posted:
We own property all the way to the street behind our house. There is a berm here that blocks some of view. HOA maintains the trees on that berm and there is a defined easement in that area. HOE plantes these trees during initial development. HOA wants to remove some large evergreen trees that are not dead, but, on the street side, have dead branches due to poor sunlight and taller trees nearby. Removing these trees will expose our view to pure road, like I said they contain 75% grwoth, just not on the street side. Easement appears to give HOA right to "maintain" the landscaping. I, as the owner, can also plant on it. I do not want these trees cut down because they are not dead and completely green on the side facing out house (evergreen trees). They provide substantial privacy/screen.

Does the HOA have the right, through the "screen planting easement" to cut these down against my will? Thank You
BobM22 (Oregon)
Posts: 2
Posted:
Forgot to mention, these are massive '50+ evergreen that are over 20 years old which is why it is substantial to have them cut down. We own the easment, HOA laws are not very specific on what can be done except that they "maintain" it. In my opinion, this would mean that they could possibly cut it down but only if it will be replaced. Could they cut these down and leave me with nothing legally?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Bob,

Yes, the Association likely has that authority.
There are many reasons why this may be being done.
It's also possible that the Association will replace them in the future.

Have you discussed this issue with your Association?

Keep in mind that you can always plant a tree in your front yard which will be your responsibility to take care of.

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