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Alafaya Woods HOA, Oviedo Florida, threatening letter.

Customer Question
Alafaya Woods HOA, Oviedo...

Alafaya Woods HOA, Oviedo Florida, threatening letter. "Please trim dead and dying palm fronds from palm trees.

Lawyer's Assistant: Do you have copies of the governing documents? When were they last updated?

My answer not sent yet - Our trees are native self-cleaning palms. As you can see in the attached article: “ 1. Do not prune self cleaning palms. These palms are much more likely to suffer from the premature loss of leaves, and it makes no economic sense to trim these palms as well.”
I am doing my best to be as polite as possible and I understand you may not know about the proper trimming of trees.
We pulled off 12 dead fronds as per your first letter. These would have come down by themselves with the next heavy storm. The rest of the fronds are so high up, we have been advised to NOT pull them down, but let nature take care of the trees normally. We will be out of town for a while, but any proven member of the board may come and have a tour with Eve and have all the plants explained to them. You may call her at(###) ###-####to make an appointment.
If you insist that we attend a hearing, it will need to be scheduled through our lawyer who is familiar with HOA problems.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what I just sent

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
8/4/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,643
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In general you may be 100% correct about there being no horticultural need to prune or trim these palms. However, when someone moves into an HOA they agree to be bound by the HOA rules and the board has a right to set rules for the daily operation and safety of the entire HOA. So, legally, a board can mandate that all palms be maintained and have dead fronds removed as falling fronds can cause a danger to the other residents of the HOA or HOA employees/contractors in the area.
So, if the Board argues that the reason for their demand is safety, legally even if you prove that the palms are self cleaning, they can make you remove dead fronds and you would have to comply under the HOA rules/bylaws granting the HOA board the power for daily operation and care of the HOA.
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