Legal Question in Real Estate Law in Virginia
Can our Condo Assocation make us remove a tree that was there prior to our moving in 4 years ago?
We moved into a condo 4 years ago. The owner before us planted a Japanese Maple Tree in the back patio area during her tenure as president of the Condo Association. Now 4 years later, we receive a letter from the association informing us that we have to take the tree down in 14 days or pay a $900 fine. We assumed it was alright to have this tree since the previous owner, the one who planted the tree, was President of the Association at that time. What can we do to keep the tree? We believe that plants are a living being and do not want to be forced to kill this tree either. Please advice? Thank you
1 Answer from Attorneys
Why assume anything in regard to this tree, particularly, if it was planted
by a former President of the Association who may have considered him or
herself above the Association bylaws?
Which, incidentally, would be a good place to start looking for the answer to your question.
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