Legal Question in Real Estate Law in Florida

Home Owners Association Common Grounds Upkeep

My property abuts the common grounds land owned by my HOA. There is a line of palm trees that the HOA has neglected for several years now. We have sent emails enclosing pictures of their condition for some time. At first the HOA acknowledged receipt of those emails but never did anything, now they don't even acknowlege them. My wife and I have taken to trimming off the dead branches ourselves to clean up the palm trees and make them more attractive. Now my wife wants to manicure them. I don't believe we should since they don't belong to us. Am I correct? Also, should we have cleaned them up in the first place?


Asked on 8/01/07, 1:09 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Home Owners Association Common Grounds Upkeep

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is your choice whether or not you want to assume some of the HOA's responsibility to maintain the common areas. Frankly, in my opinion, it is a costly venture which you should insist is undertaken and maintained by the HOA. The fact that you already trimmed them once does not obligate you for the future.

Scott R. Jay, Esq.

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Answered on 8/11/07, 2:18 pm


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