Legal Responsibility

I previously wrote about legal information about removal of a large tree, or rather the lack of being able to take it down (tree removal). One of our board members does not want it taken down and he has done everything to stymie the process. I was asking if the board members that want it taken down and have voted to take it down could legally have the responsibility given to those that want it to stay. Actually no one answered that question, but I did get an idea from someone not on HOAtalk.com. Their suggestion, which they used at one time, was to have all the people that want this tree to stay, sign a document stating that they would take all the legal responsibility if the tree or any parts of the tree came down etc. . . We then would have it recorded with the county on the deed (will consult with attorney on all). Which to me would mean that even if they sold their place the unit would still be responsible and they would have to declare this when sold. It’s hard to believe anyone would sign this, but it worked for the person that suggested this. Anyone have a similar problem before?

This tree is on common condo property and we had an arborist evaluate the tree. It's a very large old tree that was topped many years ago twice. He gave it a 8 out of a possible 9 for risk of large branches coming down and doing major damage. I know that the board has the ability to take it down, it's just that this board member and his wife have created such bad feelings throughout our community and he is so sneaky about getting his way we just want a fall back idea. He's the only guy on the board and has been there the longest and can and will cause problems. He's already moved that we get a full evaluation of all the trees on the property before we do anything with this tree, of course knowing that it can't be done until mid-October. And who knows what else he will come up with before winter.