Question:
Recently my HOA trimmed a white pine directly behind my home. I understand that branches were encroaching into space around my townhouse. The stated removal of branches was to be 10-20 feet. Left unsupervised, the removal ended up being approx. 30 feet. When I tried to request the trimmer be more conservative, he stated the HOA president was not interested in my concerns. The result was quite “drastic”, according to another HOA member.
The resulting effect is that privacy around my yard and deck was completely eliminated. Worse is the aesthetic outcome. I have a double height ceiling in the living room, and the view is now a scarred and bare tree trunk for two stories.
I am concerned that this is going to effect resale value of my home. Do I have any rights to request complete removal of the tree at this juncture?
– Jennifer
Answer:
Hi Jennifer,
It is best to check your governing documents to see what remedies are available to you at this point. If there are none, you can attempt to place your tree removal request with the HOA or simply wait it out until the tree grows back to a more appealing height. If the governing documents state that the removal of branches is 10-20 feet and you can prove that the removal did end up being 30 feet, then the board may grant you the request. However, there is no guarantee, and it is a good idea to seek the help of a lawyer for future guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
