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    Is new HOA owner responsible for old trees on property?

    stephen polinsky on Thu, Apr 21, 2011 @ 07:32 AM


    I live in a community that has 82 homes, it was built in 1981. I have been here for 9 years. The HOA consists of homeowners in this community. There are huge Oak and Pine trees around my home with 5-6ft of my house that are planted on Community property. To my knowledge they have never been maintained by the HOA, so they have grown and grown over the years. I received a certified letter stating that I have 30 days to cut back these trees because they now are going over my roof line. Some of these trees were over the roof line when I moved in.

    They are stating that they will put a lien on my house by charging me for the tree trimming if I do not cut them back. They site that it is in the bylaws that I maintain my home, which I do other then these community trees. These very same trees have cause me issues because they got into my sewer line, and I had to pay for all of that repair. Does anyone know if they can legally do this? These trees were not my property and neither the HOA or the previous owner ever maintained them. Now they want me to absorb the cost because they have grown over my house. I am talking about 5 trees, so this is not just a matter of clipping a few branches. I thinking this will be well over $1500 or more. Who is responsible for maintaining the community trees? Who can I contact to help me out of this mess? Thank you for any help on this matter.

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