QUESTION

HOA requested the I cut down and replace the tree. I agree to cut the tree down, but not replacing the tree. The CC&R said it may require a

Asked on Jul 07th, 2016 on Real Estate - California
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replacement tree. The CC&R is dated 4/16. Then now I am told that the committee have decided they will make no exceptions per a recent decision of 2/29/16, which was not distributed nor in the CC&R. All tree needs to be replaced. Now they are saying I am in violation. I did submit application to cut the tree only. Do I have to replace the tree?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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You are going to need to have a lawyer read the CC&Rs, the condo plan, and the correspondence with the HOA and the HOA Board. For example, the tree could be located on your property, on the HOA's common area, or on exclusive use common area that only your property uses. If it's on your property, then the tree is yours and you're responsible for it. Why do they want it cut down? If it's on the common area, then it's the HOA's responsibility. If it's on exclusive use common area, the CC&Rs could go either way.  The CC&Rs might say nothing about the trees. Your are entitled to several levels of mandatory negotiation, mediation and arbitration of the disagreement. Check your CC&Rs. Don't ignore the HOA or fight with them. HOA Boards are granted a lot of discretion, the power to impose assessments and fines, and the power to enforce them by selling your home and evicting you. They also get to add the HOA's attorney's fees and expenses, which could easilty exceed the value of the tree and the cost of removing or replacing it. Dana Sack  
Answered on Jul 08th, 2016 at 4:03 PM

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