Are you trying to enforce the tree rules to protect your view, or are you trying to protect your trees and avoid the cost of trimming or removing them?
Either way, your fastest and cheapest route is to persuade your HOA Board to support your position. HOA Boards are accorded considerable discretion. Judges are reluctant to second-guess them. In most cases, the prevailing party is entitled to recover reimbursement for its attorney fees and expenses. The HOA usually wins, and that means the homeowner ends up paying both her or his own fees AND the HOAs. How much are this view or the trees worth?
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Feb 09th, 2015 at 8:15 PM