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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am senior living in condo full time since last year. I

Customer Question

I am senior living in condo full time since last year . I feel unsafe because I have five pine trees behind my backyard , very tall and two of trees tops fell off during storm / heavy winds. I called Maine Licensed Arborist to assesse the tree if good to leave it alone . The assessment were not a good the trees unrooted and brittle , tendency to fall . We wrote to the board requested to consider to cut the trees . The board denied our request stated that the tree added the beauty and value of the property.
The pine trees are 12-18 feet away from the building and more than 95 ft. Tall . Extremely messy everyday , pine cones and pine needles clogged our rain gutters . Cond association provide one cleaning and we need to have step ladder to clean twice a week in the fall and twice a month cleaning the rest of the seasons
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this situation.

If the HOA has a dangerous condition (falling trees present a danger to property or safety), you may want to try mediation (use a third party neutral to help you negotiate a resolution with the board). contact your local bar association and ask for referrals to mediators, they can help you work with the board to reach a mutually agreeable resolution (perhaps removing the pine trees and replacing them with new foliage which is younger, safer, and less prone to breakage in stormy weather.

If that fails, you can attempt to sue the HOA for breach of contract (failure to maintain the property), but I would at least try the mediation route first.

Customer: replied 1 year ago.
Thank you
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

Thank you again, and again I wish you the best.