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JamesL15 (Washington)
Posts: 2
Posted:
Our HOA is responsible for care of the greenbelt and parks but for years most of greenbelt has
been ignored. We don't have the money to remove the trees and underbrush. We do not have the
support from the community, not much of volunteerism. A local tree cutter is willing to take
down all the trees and clear the under brush in exchange for using that stretch of our greenbelt
as a small Xmas tree farm for 8 to 10 years. Our greenbelt is untaxed land and we are a non-
profit corporation. Our county tax assessor didn't see a problem with it but suggests we of speak
a lawyer. More money I don't want to spend. Only 192 families in the HOA and the dues are low,
and there is only 3 to 4 thousand a year if unallocated funds. Anyone experience a situation like
this?
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JamesL15 on 03/08/2022 1:44 PM
Our county tax assessor didn't see a problem with it but suggests we of speak a lawyer.
Yup, speak to an attorney. The tax assessor has no qualifications whatsoever to speak to the legalities here.

As you suspect, for one, being a nonprofit corporation poses a number of issues here.
CathyA3 (Ohio)
Posts: 6,299
Posted:
At the very least, if that greenbelt belongs to the HOA, there would be liability risk in addition to legal/taxation concerns about having a for-profit business using common area. Then after talking to the lawyer, talk to the HOA's insurer to see what they have to say.

(The insurer may also have some helpful info about the risks you're currently running by not maintaining that area even without the tree farm. You may find out that you can't afford *not* to increase assessments and care for the area properly.)
LetA (Nevada)
Posts: 2,679
Posted:
My first issue is why isn"t the greenbelt land care and upkeep included in your reserve study?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Greenbelt are designed to be natural areas. It's not a greenbelt if you clear cut the trees. There's a reason it exists within a community and converting into lease-based property will certainly violate the purpose that land's existence.
JamesL15 (Washington)
Posts: 2
Posted:
Thank all of you for your feedback. I had not thought of speaking with the insurance company
and will do so. I will see what I can get out of our attorney. Once again, thank you
JoeD14 (Washington)
Posts: 14
Posted:
Talk to the DNR. They may have
Money for clean up. Our community
Made it to national news for our
Firewise program. The DNR has provided
Man power and laxt year 5 dumpster
for clean up week

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