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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6777
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I live in a townhouse in Miami, FL. We have no garages or

Customer Question

I live in a townhouse in Miami, FL. We have no garages or car ports. Over the years a tree has grown to a point where it is a serious problem for my cars. The tree sheds these red flowers that fall onto the car and etch themselves into the paint. My next door neighbors car has been ruined by the tree. I just purchased two new cars and don't want them damaged. Miami/Dade County will not allow us to cut the tree down, it is considered endangered. Is there any way I can force the HOA into allowing me to build a car port.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 3 months ago.

You can petition the board in that direction, but I'm afraid that you won't have much success forcing the HOA to do anything that the board does not want to do. They have the law on their side as well as the provisions of the CC&Rs which gives them the authority to do pretty much what they want to. Yes, you can take them to court, but your chances are very slim and you'll spend a great deal in legal fees. Does the trees shed those flowers year-round? If not, then why not try tarps during the period when it they are shedding the flowers.

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Expert:  Irwin Law replied 3 months ago.

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