Dead trees

Started by FlorenceB • 6 replies • 1086 views

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FlorenceB (Florida)
Posts: 2

Posted:

2 palm trees in the home I bought have been dead several months before I ought the home, the HOA gave the seller a clean bill for sale and now the HOA are harassing me to pay to take away the dead trees. What do I do

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By FlorenceB on 04/04/2017 9:04 PM
2 palm trees in the home I bought have been dead several months before I ought the home, the HOA gave the seller a clean bill for sale and now the HOA are harassing me to pay to take away the dead trees. What do I do

Hi Florence ... Welcome to the forum.

If the trees were dead before you purchased you potentially would have known that they would need to be removed in near future when you purchased. The other option would be to contact your Title Insurance and discuss the issue with them. I would also send a letter to the HOA asking them why they gave the seller a clean bill for the sale and are now asking you to remove items in place proper to your purchase which were not addressed. I also would send it to them certified return receipt. That will let them know you are putting them on notice and documenting the issue.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Sorry ... Should have said prior to your purchase. Darn it not having correction options

JanetB2 (Colorado)
Posts: 4,219

Posted:

Depending on your state and what the HOA had to provide prior to your purchase the Title Insurance company might be able to help. I remember a number of years ago someone had an issue of the HOA telling them they had to remove an extension on their driveway after also getting.a clean bill from HOA prior to purchase. I told the owner to contact their Title Company. The Title Company contacted the HOA and they had to cease harassing the owner.

If the HOA had sent notices to the prior owner regarding the trees and did not disclose that information, then potentially the HOA might be responsible for removing the dead trees. Your title insurance company might be able to verify this for you.

GenoS (Florida)
Posts: 4,276

Posted:

Hi, Florence. What is this "clean bill of sale" you mention? It has to be something in the HOA's Declaration (or CCRs) because Florida Statutes (FS 720) doesn't mention anything like that. I suggest looking closely at the governing documents to see what a "clean bill of sale" actually means.

Did the seller give you anything in writing about this? If he or she told you about a "clean bill of sale" orally then I suspect you were told a fable. Check the governing documents carefully.

FlorenceB (Florida)
Posts: 2

Posted:

Thanks everyone,what I mean by a clear bill of sale is before we bought the house the tittle company have written to the HOA to inquire if the seller has any issue pending or violation that needed to be addressed before closing and the association said no. Now roughly two weeks of closing they're harassing me to cut dead trees

TimB4 (Tennessee)
Posts: 21,059

Posted:

What I don't understand is that, and I expect you had an inspection that identified the trees were dead prior to purchase, what you are really upset about.

Knowing they were dead, you either negotiated with the seller to adjust the price to pay for their removal or accepted the fact that you will need to remove them and the house was still worth the additional cost.

So, and again - I am of the impression that you knew the trees were dead at the time of purchase, are really you upset that you weren't informed that the trees were an issue by the Association ahead of time or are you simply upset that you now have to remove them earlier then you planned?

Per your posting the trees are dead. The trees are on your property, hence your responsibility. Dead trees pose a danger to your home and a liability risk if the fall onto other property or persons. Personal opinion, pay the money and remove them and save the fight with the Association on other things.

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