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What are my rights regarding my landscaping in my yard? The…

Customer Question
What are my rights...

What are my rights regarding my landscaping in my yard? The HOA board decided to cut down a 15 year old pear tree that was not causing any problems nor was it diseased. They did not inform me that they would be doing this. This was not a common area it was my yard and the tree was there when I bought the property in 2011.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

This is ***** ********@******.*** !-***-***-**** Thank you.

Lawyer's Assistant: Has anything been filed or reported?

No I was in Florida when they cut it down 2 weeks ago

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

Can't think of anything.

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/21/2017
Real Estate Lawyer: P. Simmons, Lawyer replied 5 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,964
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Real Estate Lawyer: P. Simmons, Lawyer replied 5 months ago

I am sorry for this dilemma. Can you tell me, what do the bylaws (your HOA bylaws) say about this?

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Customer reply replied 5 months ago
In the rules it says that the homeowners do their own landscaping. It talks about common areas needing permission to work on but not your own yard. The HOA board cut my tree down, 15 year old pear tree without notice or permission.
Real Estate Lawyer: P. Simmons, Lawyer replied 5 months ago

So the tree in question, it was on your property (not common property)? And there is nothing in the rules that allows the HOA to take this action?

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Real Estate Lawyer: P. Simmons, Lawyer replied 5 months ago

Have not heard from you, so will assume yes to the two questions I asked.

What you are describing, if the tree was on your land, and the HOA rules do not give the HOA permission to fall the tree?
You can sue the HOA to recover for the loss of your tree...basically, you can sue them for the loss of your tree.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 5 months ago
The tree was on my property. The bylaws donor say anything about removing trees on homeowners property.
Customer reply replied 5 months ago
Bylaws doesn't say anything about removing trees from private property.
Real Estate Lawyer: P. Simmons, Lawyer replied 5 months ago

What you are describing, if the tree was on your land, and the HOA rules do not give the HOA permission to fall the tree?
You can sue the HOA to recover for the loss of your tree...basically, you can sue them for the loss of your tree.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Real Estate Lawyer: P. Simmons, Lawyer replied 5 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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