My HOA Denied My Request to Remove Dangerous Trees. Are they in any way liable?

[jnindel]

What is the name of your state (only U.S. law)? Florida

I live in a housing development with a Homeowner's Association/Architectural Review Board. I have several tall Pine trees on my property that will cause damage and possibly personal harm if they fall. I requested permission to remove several trees at my expense. The Homeowner's Association denied my request with no reason given. No members of the Homeowner's Association ARB are Arborists, nor did the ARB/Board consult with an Arborist in order to determine if my trees are dangerous. There is a hurricane approaching Florida this week. If one of my trees falls and causes damage, can I force the HOA/ARB to cover any damage repair costs that I incur? If I am sued by a neighbor because of a tree that falls on his house, can I recover any legal costs from the HOA/ARB? Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? Florida

I live in a housing development with a Homeowner's Association/Architectural Review Board. I have several tall Pine trees on my property that will cause damage and possibly personal harm if they fall. I requested permission to remove several trees at my expense. The Homeowner's Association denied my request with no reason given. No members of the Homeowner's Association ARB are Arborists, nor did the ARB/Board consult with an Arborist in order to determine if my trees are dangerous. There is a hurricane approaching Florida this week. If one of my trees falls and causes damage, can I force the HOA/ARB to cover any damage repair costs that I incur? If I am sued by a neighbor because of a tree that falls on his house, can I recover any legal costs from the HOA/ARB? Thank you.

One thread is all that is necessary, jnindel. The forum members will find you here and be by before too long to answer your question.

 

[adjusterjack]

What is the name of your state (only U.S. law)? Florida

I live in a housing development with a Homeowner's Association/Architectural Review Board. I have several tall Pine trees on my property that will cause damage and possibly personal harm if they fall. I requested permission to remove several trees at my expense. The Homeowner's Association denied my request with no reason given. No members of the Homeowner's Association ARB are Arborists,

Are you?

nor did the ARB/Board consult with an Arborist in order to determine if my trees are dangerous.

Did you consult an Arborist or do you think your trees are dangerous because you think your trees are dangerous

There is a hurricane approaching Florida this week. If one of my trees falls and causes damage, can I force the HOA/ARB to cover any damage repair costs that I incur?

Not likely.

When you bought the property your purchase contract was also a contract that you obey the CC&Rs and bylaws and allow the HOA board to make those decisions. If those decisions were made in accordance with the CC&Rs and bylaws then you have no recourse.

If the decision was made in violation of the CC&Rs and bylaws than you have recourse NOW to go to court and have the court override the board's decision. If you don't do that NOW then, obviously, it doesn't mean enough to you NOW so that later you won't have any recourse.

If I am sued by a neighbor because of a tree that falls on his house, can I recover any legal costs from the HOA/ARB?

If you get sued by a neighbor because your tree fell on his house you report the lawsuit to your homeowners insurance company and you won't have any legal costs because your homeowners insurance will provide an attorney to defend you.

You do know that, don't you?

You do have homeowners insurance, don't you?

You did read your policy, didn't you?

 

[jnindel]

My HOA Denied My Request to Remove Dangerous Trees. Are they in any way liable?

You sound like the dictator who runs my HOA.

 

[adjusterjack]

And you sound like someone who comes here for advice and then refuses to accept the reality of that advice.

But that's OK.

I hope everything works out for you.