HOA not abiding by document laws

Started by TheaW • 7 replies • 1486 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TheaW (Florida)
Posts: 3

Posted:

Our HOA in Florida has a document that states that the HOA is responsible for replacing any trees that die that the builder put in or
the HOA put in to replace builder"s trees that were lost in a hurricane. My husband and I have a dead tree that was put in by the HOA but the HOA refuses to replace it. What are our options to force them to do what the documents state?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thea,
Can you paste and copy to us, the exact place and words of the statement? Thanks, Mabe we can get you some answers. Thanks

TheaW (Florida)
Posts: 3

Posted:

Sorry, I don't know how to paste and copy. I can't find the document, but I found what our management company sent us on
May 10, 2007 which states who is responsible for what and it says that the HOA is responsible for the "Hurricane Wilma Replacement Trees," and this is the tree that has died on our property.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thea,
Are you stand alone homes in a HOA or condo or a shared villa? Does the association do the landscape or is every owner responsible for their own lawns, etc? I sense that your association cares for the landscape with exception to what we Floridians know as "Windstorm Damage" (hurricane damage) If that is the case, then you will have to replace the tree under your insurance but you probably are too late for that. Ahhh yes, Wilma, she took my 60 bushes away from my lanai. I think that they went to Cuba.

TheaW (Florida)
Posts: 3

Posted:

We are a stand alone house. The HOA takes care of our lawns, trees and bushes. They will not replace bushes,only trees put in by the HOA or original builder that die or are ruined in a hurrican. Since the HOA is not living up to what they should be doing, can I sue the HOA in small claims court to replace the dead tree they put in. I know people say it's really suing your self, but I believe they should be held accountable for what they promised and wrote that they would do.

AnnaD2 (Florida)
Posts: 960

Posted:

Thea, are you the only owner in your HOA who is still trying to get a tree replaced? Or are their others, too, who also still have dead trees on their property? Do you feel you're being singled out? Are you aware if the board has addressed this issue? I know of a lot of homes and businesses in South Florida who are still dealing with the "ravages" of Wilma.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thea,
I have the picture now that you have given us more details.
The tree in question. Are you the original owner? My Villa association has been dealing with exactly what you are. It seems that the documents state that they will replace the original trees from the developer or trees that the HOA planted. They will NOT replace any trees that homeowners thru the years have planted. This Board(I am not on it) went so far as to get the original final drawings from the County and counted each and every tree that were Developer installed.

It seems that thru the 12 years since turnover, many residents have planted trees. Now all of a sudden, the association is getting huge bills for tree trimming and care and then replacement from hurrican damage. The difference between the cost of care for 500 trees to 600 hundred trees is substantial. And of course, no Board thru the years ever considered that there might have been 100 trees added in the yards. So perhaps your tree is that.

Now, to sue the Board???? I am a very nuttso person when I hear the word "SUE". It is costly, counterproductive and devisive amongst the neighbors. You will pay and gain nothing. Write a letter to the Board and try to resolve it with them. If they deem that they tree is not a HOA tree, just get it removed. You will prove nothing by going to small claims court. You don't even know if you would win and then you have their cost plus your own, to pay. Who wins then?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

TheaW: What you have posted INDICATES that the Association/HOA handles care and management of lawns, trees and shrubs. But then you state they will NOT replace bushes, but ..."only trees put in by the HOA or original builder that die or are ruined in a hurrican." So, not sure which is correct.

IF the Association (not the personal owner) has responsibility for common ground and trees and all foliage, then it is the Association who is to pay for and maintain same. Your documents should state what falls within common ground definition, and whether its trees and bushes as well.

Now, to the subject of hurricane damage to foliage, I would think that could be costly. And, at the risk of some here not agreeing, I believe it is a time when the Board should be looking at the overall 'green' in a community to decide IF indeed it is necessary to replace each and every dead or damaged tree or bush. The fact that the builder may have planted a tree/bush in one spot may also mean a lot of maintenance dollars for the assn. to maintain. Not always a good decision, and trees/bushes GROW! and too many can cause mold and insect problems by now allowing air circulation.

You need to refer to your docs, consult the Board personally to learn if a decision has been made on replacement of a dead tree the builder or Association put in.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here