Legal Question in Real Estate Law in Virginia
Tree on Private Property Cut Down
A 50-foot tall Sycamore tree in the front yard of my townhome, on my property and not on common property, was cut down without my knowledge. No notice was provided that the tree would be cut down. The property manager later told me that the tree was cut down because it posed a danger to the sidewalk and was starting to cause damage. When I asked what authority he had to have my tree cut down, he said that the HOA decided it had to come down, and they have ultimate authority. I can find no such ultimate authority pertaining to cutting down trees on private party within the covenants.
This tree provided shade and crub appeal for my home. In addition a tree three homes down from me was removed in exactly the same manner. The tree company then returned a month later and ground the stump down to the surface of the ground, not allowing anything to be planted there to replace the missing tree.
My questions here are:
1. How do you ascertain fault in this case; HOA vs. property manager vs. tree removal company? Everyone has diverted blame.
2. How do you put a value on a 50 foot tall sycamore tree?
Thanks
-concerned homeowner
1 Answer from Attorneys
Re: Tree on Private Property Cut Down
Forget about the property manager and the tree cutter as they're presumably following instructions from some one within the HOA who believes he, she or they have the authority to make these kinds of decisions in the manner that you've described.
Your line of inquiry therefore should be directed to this person or persons within the HOA who are responsible for the cutting of your tree without notice to you and without your permission. And you should demand to see the exact chapter and verse of the HOA by-laws under which they claim their purported authority.
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