Thank you for the information. I am sorry for the delay in getting back to you. I was answering another question when you responded:
Sorry- 2nd time sending this response. Yes the HOA is the Control Architect or Achitectural Control Commmitee. One member has been selected to head it.
The covenant also says: "The owner of any such lot, tract or parcel of land shall have the right at law,or in equity to enforce such covenants and each of them to enjoin any violation and may, in addition to all other remedies, recover legal fees expended in enforcing these covenants form the owner who has viloated the covenants." Does this mean the people in violation will have to pay for all of the expenses?
Response 1: Yes.
Initially, the Architectural Control Commitee was composed of a husband and wife who set up the covenant papers. They sold their house. The remaining members of the HOA had the authority, according to the covenant, to designate a successor. I was voted into this position by the three other association members. Our covenant also states," The owner of any such lot, tract, or parcel of land she have the right at law, or in equity, to enforce such covenants and each of them to enjoin any violation and may,, in addition to all other remedies, recover compensation or damages for any such violation, including recovering legal fees expended in enforcing these covenants from the owner who has violated these covenants." Can we get action for this tree trimming without years of delay?
Response 2: Yes, you can.
If, within twenty (20) days after receipt of such notice, the land owner has not caused the trees or other vegetation to be pruned or removed to the extent required buy the Control Architect or Architectural Control Committee , the Control Architect or Architectural Control Commitee,may, at his or its expense, do such work, provided that he or it may charge the cost of such work to the residents of the subdivision who have requested the pruning or removal of such trees and vegetation." What does this mean?
Response 3: The costs would be charged to the homeowners who requested that the trees be cut. However, pursuant to other provisions of your covenant, the Association may recover these fees on behalf of affected homeowners from the non-compliant homeowner.
Are we to use the association dues to pay for the tree removal?
Response 4: It does not seem that way from the provision that you cited. The Association dues are not for tree removals.
Do we have a legal right to send a tree cutting service to have the trees cut down?
Response 5: Yes, you do.
Don't we need approval/permission from the tree owners to complete this action?"
Response 6: No, you do not according to the provision that you just cited.