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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111467
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What options do I have to make an HOA decision to cut down

Customer Question

What options do I have to make an HOA decision to cut down trees on our street without notifying homeowners....as time consuming and costly as possible for them? How can I stop this action or delay it
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Virginia - fairfax county
JA: Has any paperwork been filed?
Customer: Not by homeowners - no idea what the HOA has done
JA: Anything else you want the lawyer to know before I connect you?
Customer: The reasoning they gave us is they want to replace everybody's driveway - I don't want that either and I own half of the driveway
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problems with HOA in VA is the VA law allows these associations to be independent and run through their boards based on their covenants and bylaws. Legally, the board of directors of an HOA can make daily operational decisions about management of the HOA property. Legally they do not need input from owners to maintain common areas. If you and other neighbors object to the actions, then you have to appeal to the board and present your objections. If the board refuses to change its mind, I am afraid that legally there is no other recourse because the courts cannot intervene in board matters unless they are illegal. This is the problem with living in an HOA, it is about what the board decides and unless you get enough members to show up at a meeting and propose a bylaw change in accordance with your bylaws to stop the board from making these decisions, there is no other recourse for you or the other owners.

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