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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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A neighbor in the condo where I live will not trim a tree that is hanging on my roof and o

Customer Question

A neighbor in the condo where I live will not trim a tree that is hanging on my roof and over my courtyard. The HOA says it is not their responsibility to get involved. Is there an Oklahoma law that will allow me to demand that my neighbor trim their tree?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
In Oklahoma there are statutes that govern condominium associations.
First we would need to check a copy of your governing documents to see if the association or the owner is responsible for maintaining the trees.
Do you have a copy of the bylaws, rules and regulations etc.?
Expert:  Attyadvisor replied 1 year ago.
Can you tell me if what is considered common area elements? As a general rule with Condos the HOA is responsible for maintaining the trees and common area elements unless the governing documents state otherwise.
OKLAHOMA §60-501. "Unit Ownership Estate Act."
This link sets all of the different laws that govern and Association in Oklahoma
https://homeownersassociations.wordpress.com/2012/04/09/oklahoma-law-for-homeowners-associations/
§60-509. The necessary work of maintenance and repair of the common elements and the making of any additions or improvements thereto, shall be carried out only as provided in the bylaws
http://www.ncsl.org/documents/environ/OKcondo.pdf
§60-503. Unless it is plainly evident from the context that a different meaning is intended, as used herein:
(h) "Common elements" means and includes the general common elements and limited common elements. The term common elements does not include unconstructed units unless otherwise specified in the declaration or by the consent of the owners pursuant to the Unit Ownership Estate Act;
Ownership Estate Act; (i) Unless otherwise provided in the declaration or by consent of all the unit owners, "general common elements" means and includes: (1) The land, whether leased or in fee simple, on which the building stands and such other land and improvements thereon as may be specifically included in the declaration, except any portion thereof included in a unit; (2) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building; (3) The basements, yards, gardens, parking areas and storage spaces; (4) The premises for the lodging of janitors or persons in charge of the property as hereinafter defined; (5) Installations of central services such as power, light, gas, hot and cold water, heating refrigeration, air conditioning and incinerating; (6) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general, all apparatus and installations existing for common use; (7) Such community and commercial facilities as may be provided for in the declaration; and (8) All other elements of the property necessary or convenient to its existence, maintenance and safety, or normally in common use; (j) "Limited common elements" means and includes those common elements which are agreed upon by all the unit owners to be reserved for the use of a certain number of units to the exclusion of the other units, such as special corridors, stairways and elevators, sanitary services common to the units of a particular floor, and the like; (k) "Common expenses" means and includes: (1) Expenses of administration, maintenance, repair or replacement of the common elements; (2) Expenses agreed upon as common by all the unit owners; (3) Expenses declared common by provisions of the act, or by the declaration or the bylaws;
http://www.ncsl.org/documents/environ/OKcondo.pdf
"(3) The basements, yards, gardens, parking areas and storage spaces;"
Unless your governing documents state otherwise the trees would be included as common area elements required to be maintained by the association.

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