cut a tree on common area

[tree_issue]

I live in Fairfax county, VA.
There is a big tree very close to my house, about 4~5 feet. Just cross my property line, but in HOA common area.

It has a lots of dead branch. They keep falling and hitting roof and siding. In 2006, I suggest HOA to cut it down. HOA hire a tree company to take a look, they said the tree is still alive, so they just cut those big dead branch.

However, after that, I still see more and more dead branch in that tree. In 2007, dead branch hit the siding and made 2 holes in siding.
My family become more and more worry about that tree, I am losing sleep and have little Depression.

If I cut that tree without HOA's permission, will I break the law? What could be the Consequence? Thanks! Please save me from Depression.

 

[HomeGuru]

I live in Fairfax county, VA.
There is a big tree very close to my house, about 4~5 feet. Just cross my property line, but in HOA common area.

It has a lots of dead branch. They keep falling and hitting roof and siding. In 2006, I suggest HOA to cut it down. HOA hire a tree company to take a look, they said the tree is still alive, so they just cut those big dead branch.

However, after that, I still see more and more dead branch in that tree. In 2007, dead branch hit the siding and made 2 holes in siding.
My family become more and more worry about that tree, I am losing sleep and have little Depression.

If I cut that tree without HOA's permission, will I break the law?

**A: yes.

#########

What could be the Consequence?

**A: monetary fines, a lawsuit, ridicule from neighbors etc.

########
Thanks! Please save me from Depression.

**A: consult a trained and educated counselor specialist.

 

[tree_issue]

Hi HomeGuru,

I am willing to pay a fine, can you specify what law is break? Will be put into jail?

where can I find counselor specialist info?

Thanks!

**A: consult a trained and educated counselor specialist.

 

[moburkes]

The air above your property belongs to you. You are legally allowed, in most states, to cut the branches that are directly over your property - but nothing else.

 

[HomeGuru]

The air above your property belongs to you. You are legally allowed, in most states, to cut the branches that are directly over your property - but nothing else.

**A: hello Dear, incorrect information. In this instant case the HOA owns the airspace not the individual owner. It the owner touches the tree he is out on a limb.

 

[moburkes]

**A: hello Dear, incorrect information. In this instant case the HOA owns the airspace not the individual owner. It the owner touches the tree he is out on a limb.

You're probably right. When I re-read it, it looks like I may have misunderstood. He lives in a neighborhood covered by the association? I read it to mean that he lives next to them, not "inside".

 

[KimInNY]

what does this have to do with insurance ? ho or condo. ???

it doesnt, please post correctly and move to condo and association.

 

[HomeGuru]

You're probably right. When I re-read it, it looks like I may have misunderstood. He lives in a neighborhood covered by the association? I read it to mean that he lives next to them, not "inside".

**A: after rereading the post, you may be correct after all if the OP does not belong to the HOA and the tree is on HOA property.

 

[Tallrat]

If I cut that tree without HOA's permission, will I break the law? What could be the Consequence? Thanks! Please save me from Depression.

Did you ask them if you could cut tree down if you pay for it? They may let you. Good chance they don't want to be responsible for paying every time some one complains a tree needs taken down.