Legal Question in Real Estate Law in Florida

HOA financial responsibility landscape damage

Our HOA declaration states: ''All landscaping shall be maintained by the Association, including mowing, trimming, irrigation, etc., where needed and replacement of landscaping where needed.'' The question(s):

1. We had a homeowner that had an approx. 40' pine tree hit and killed by lightening. Pending the arrival of a hurricane within 3 days and the potential damage this tree falling would cause, it was suggest to the homeowner, by the Assoc. to remove the tree and pay for it himself, which he did with the agreement that the Assoc. would take under advisement of whether or not the Assoc. was responsibile (financially) to remove and replace the tree and reimburse the homeowner for his costs. Under the docs, is ''maintenance of landscaping'' defined as replacing landscaping through an act of God? or simply defined as replacing when it is the FAILED maintenance of the landscaping by the Assoc.?

2. Several trees/bushes and the like were downed by the hurricane. All homeowners are just that - owner's of their homes and lots. Is it the financial and physical responsbility of the Assoc., accofding to the docs, to right the trees and bushes and replace them should they not survive?

It has become the contention of a few homeo

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