Neighbor Won’t Cut Down a Dead Tree in Florida

Question:

I need to know how my HOA for my house can enforce my next door neighbor to cut down a zombie tree that’s on his property and close to my property . This tree is endangering my property. I’ve already paid this year $550.00 to cut down the branches from both of his trees. The HOA refuses to order this neighbor to cut down these trees that are endangering my property.

– Blanca

 

Answer:

Hi Blanca,

The first step in resolving a dispute is to talk to your neighbor. Perhaps they are open to cutting down the tree in question. If not and you believe that the tree is violating the HOA’s CC&Rs, talk to your HOA board. Show them the section of the CC&Rs that can support your argument. Normally, this would fall under landscaping rules or obligations in an association’s CC&Rs or operating rules. But, if no such rules exist, then the board may not have the ability to order your neighbor to cut down the tree.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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