Trees & Next Door Neighbor

Started by PhilipS3 • 7 replies • 573 views

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PhilipS3 (Georgia)
Posts: 2

Posted:

I just cut down some Bartlett pears tress, I sent a email out to all the HOA asking them if they had a problem with me cutting down the trees and I was going to pay for it. I left one HOA member out since one has filed for chapter 13. Now she having a fit about me taking down the trees, I have live in my place 20 years. Did I do anything wrong with not asking this member?

PatJ1 (North Carolina)
Posts: 568

Posted:

Why do you think an owner who filed Chapter 13 shouldn't get the notice?

PhilipS3 (Georgia)
Posts: 2

Posted:

Not a member in good standing either there are liens on the property with the bankruptcy 13 on top of it, also doesn't respond to email until it something they don't like. Why should somebody like that have any impact on what I was doing.

AugustinD
Posts: 5,144

Posted:

Were the tree trunks on your land? If so, I do not think you have to inform the neighbors, though some do as a courtesy. I would apologize profusely to the neighbor, if only to maintain as good relations as possible. Her being in arrears et cetera is irrelevant. It sounds like she still holds title to her property.

Was the HOA okay with it? Many HOAs require that a person get permission before removing landscaping.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why were you going to all the HOA? This is a board decision for approval most likely. I would have also included neighbors most directly effected by the work/noise/removal of trees.

It is irrelevant the financial standing of this person or if they have liens. They are still a member of the HOA.

Former HOA President

LetA (Nevada)
Posts: 2,679

Posted:

Technically Melissa, all communications honestly needs to go thought the BK attorney, BOD's can get into a lot of hot water directly communicating with a member that has filed BK against them. Sending them a rules violation notice or something as innocuous as informing them that the street sweeper is going to clean their street on X day can give cause for the owner to file a harassment claim with the court. In cases like this it is always best to communicate everything with the attorney of record handling the BK.

I too have the same question, did you cut down your personal trees or trees on community property. If they were your personal trees bleep It, you don't owe anyone an explanation. If they were community trees, put it in the annual newsletter, send a copy to the said owner via attorney of record on the BK. CYA.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is my question/concern of location of the trees as well. Were these on common property? It's nice and all you were willing to pay for it and get the work done. It is still overall a BOD decision to approve. Not sure why one would leave a member out due to not in good standing. Good standing just refers to the ability to cast a vote or run for a board position.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MelissaP1 on 08/01/2019 8:16 PM
It is my question/concern of location of the trees as well. Were these on common property? It's nice and all you were willing to pay for it and get the work done. It is still overall a BOD decision to approve. Not sure why one would leave a member out due to not in good standing. Good standing just refers to the ability to cast a vote or run for a board position.

I agree.

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