Legal Question in Real Estate Law in Florida

Is the tree on your property or on the HOAs property? If the tree is on your property, and no HOA bylaws prevent you from trimming it, then do so.

If the tree is on the HOA property, your first step is going to be to notify the HOA in writing that the tree branches are encroaching on your property and request that they be trimmed by a certain time (give 2-3 weeks). Florida law will allow you to trim a neighbor's tree back to the property line - however, you can only do so if it will not threaten the health of the tree.

Also, if the tree threatens the safety of you or your property, you can phone your local municipal government to report the problem and they will force the HOA to take action.

Good Luck!