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The deed says that the trees are to be maintained by the…

Customer Question
The deed says that...

The deed says that the trees are to be maintained by the community unless the homeowner planted them. This means to me that the existing trees not planted by us or by former owners, trees that were planted by the association or pre-existed, should be trimmed and maintained by the association. However the board says that unless the trees are on community property they aren't responsible for trimming them. Nor are they responsible if the trees fall within the tax lot lines. How can I get a better understanding of my role as secretary for Ruxton Village which is under Tall Pines Community. I was told at our meeting last night that the deed is probably 35 years old and not worth the paper it's printed on! When I bought in this community I was told it was a "deeded community"

Lawyer's Assistant: Where is the property located?

In Ruxton Village Part of Tall Pines Community in New Port Richey Florida

Lawyer's Assistant: Has any paperwork been filed?

You mean my question about the trees? No legal filing has been done.

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

Yes. During the hurricane, our roof (a 4 unit villa/condo) was damaged by a tree that fell partly on it. The tree was disposed of by the association. When I called Parklane management about who had done the roof (the roofs are replaced by our Ruxton Village Assn) I was told it was Signature Roofing. So, I called Signature Roofing to get an estimate. They said they had done the roof just a few years ago. It was a small corner, about 5 shingles uplifted. However I was told that if anyone but a GAF contractor worked on the roof, the entire complex meaning all 4 units, not just my unit would not be warranteed! They insisted that an entire square be replaced down to the roof rafters, a job estimated at $875. In a nutshell, I was overwhelmed that a job that an average carpenter could repair probably a 3 foot section if there was not further damage, that the roofer was going to negate his warranty contract with the entire quad! A local carpenter could fix it for $25/hour plus materials. Being in Maine and unable to come to Florida because of a flight cancellation, I didn't want any further damage to occur and felt an urgency to get the job done. I told the representative for Parklane the situation. I asked if she could consult with their attorney on this issue as our board was unavailable.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/16/2017
Real Estate Lawyer: Infolawyer, Lawyer replied 10 months ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 64,565
Experience: Experienced lawyer
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what can I answer for you?
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Customer reply replied 10 months ago
If you read the statement above, I need to finish by saying that I could not authorize the roofer to do the work. I should only be responsible for a minor repair and the roofing company would not warranty the quad any longer. In view of this, I would not authorize the repair, it would have to be accepted by Parklane. I would not be responsible for the entire quad not been under warranty. Finally, the response came from the representative of Parklane stating that they would authorize the roof to be repaired and to send the bill directly to the representative, Gina. Now, the Ruxton Village association is disputing the bill saying that I am responsible. I made it clear that I would not authorize payment. The authorization was given by the management company and I am having liablilty thrown at me at the last meeting. I have since sold the property and don't know if I am legally responsible.
Real Estate Lawyer: Infolawyer, Lawyer replied 10 months ago
I see no basis for liability against you where you never authorized the work or the price. As you don’t own it no lien may be filed
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Real Estate Lawyer: Infolawyer, Lawyer replied 10 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 10 months ago
Relieved that I don’t have to be concerned about this matter. Would like to be able to print this with a letter head from the attorney to back this response.
Real Estate Lawyer: Infolawyer, Lawyer replied 10 months ago

You are free to print. we cannot put this on letterhead as this is a general information site. You can ofcourse use local counsel to represent you and if needed issue a formal letter. Martindale.com and avvo.com are good resources. Kindly let me know if the answer is acceptable, thank you and happy holidays.

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Real Estate Lawyer: Infolawyer, Lawyer replied 9 months ago
Awaiting your reply, thank you! Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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