Legal Question in Real Estate Law in Florida

I live in Lake county in central Florida. My HOA owns a number of trees close to my property line (but in their property). Several of them are hanging over my fences almost to the ground, preventing us from mowing, reaching the fence, and endangering my horses when grazing. The HOA says they will not trim the trees at their expense but if we wish to do so at our expense we can. They (ie we as homeowner members of the HOA) pay for regular maintenance of the side of the trees which does not overreach our property. The side of the trees which does overreach our property is easily accessible without needing to enter our property. Do we have any legal standing with expecting them to pay for trimming the trees, as they already pay for partial trimming out of our HOA funds, or is there nothing we can do? Many thanks for any help.


Asked on 11/02/10, 12:22 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You can send the HOA a letter with photos, explaining WHY the trees need to be trimmed. If it persists in its position, send another letter demanding the trimming and giving notice that if you have to trim the trees, that you will expect re-imbursement. If the HOA still persists, then trim the trees, and send them the bill. If the HOA still doesn't pay, sue the HOA. If the trees truly need to be trimmed, you will win. You will need proof.

A letter from a real estate attorney outlining the HOA's responsibilities to the property owner, sometimes has a way of bringing their view of the situation into better focus.

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Answered on 11/07/10, 2:57 pm


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