hoa responsibility regarding plants/trees

[ericwashere]

Jurisdiction

Florida

Purchased(2016) a townhome(build in 1980) with 2 tree issues that I am looking for advice on handling. BTW, these trees appear to be mature and old. So might have been there since original developer had build the townhomes. 1st tree is on neighbors property in backyard in a townhome community with HOA. This tree's root/trunk has encrouched onto our property causing damage to concrete block wall which will be the responsibility of that home owner to resolve. HOA does not take any responsibility for trees on property other than common areas. SO it would fall on homeowner to go thru county and such to get tree removed(permits). 2nd tree is in front yard apparently straddling the 2 property lines. This tree is also not in the common area and this tree is having issues since most of the limbs are dead (no leaves) and branches are falling on cars in which the neighbors car was damaged. I guess the first step would be to get the neighbor to handle the tree in backyard in which they may not since it would be a money issue there so not sure how to handle that since it was discussed once with them and they have not approached us so a letter would have to be sent to them to make it official and then take the next steps to get them to remove it. The second tree we could split the cost if we have a tree expert state it is a nuisance and if it is dead that would support the removal and get a permit to remove it. Here is the important aspect that I read on another webpage. For arguments sake and this discussion lets assume the tree is dead in the front yard.
Overplanting. The association must make tree removal decisions based on previous actions taken by others. Examples:

• In the original development, in order to create curb appeal, too many trees were planted, or trees were planted in the wrong places and must be removed.

I will have to research if I can find out if the original developer built around the trees or were planted there back in or before 1980.
So with that stated an argument can be made that the original developer built around the trees or maybe new ones planted and fast forward 36 years the trees are causing damage one growing to large in backyard damaging a dividing wall and other with dead branches falling on cars maybe people. I can would think that the HOA should take some responsibility in assisting financially with the tree removal.? What are your thoughts? Questions? possibly in both cases? Although this argument is probably more for getting HOA to approve removal of trees. What do you think the chances of getting the HOA to assume some responsibility given the above argument?
not too worried about the backyard tree but more with front yard since the danger is more real with falling limbs and the tree will be claimed by me since half is on our property. But did not realize the front tree issue until neighbor informed us about a month after purchase. The seller unfortunately did not let us know about the HOA not responsible for the trees. HOA when we called let us know right away.

Thanks

 

[adjusterjack]

Realistically, your chances of getting the HOA involved (regardless of your argument) is Zero.

It'll be between you and your neighbor.

Talk to your neighbor. He may be just as concerned as you are.

 

[hrforme]

Unless the duty is specifically written into the HOA covenants, you are going to have a hard time getting them to be responsible or pay, because it's not just your one tree, but then every tree on the front property that shares the same characteristics. Even if you were to win, you can expect an increase in dues/special assessment to make up for the cost of the expense since I doubt it is anywhere in their budget.

You might however consider running for a Board position and working with the rest of the Board to see if there are some solutions that could help the whole community - bringing a tree analysts in to review all trees, etc. In my state, we have a state agency that will do that for free. Or even just educating the owners on tree maintenance and when trees should be removed.