Florida - HOA won't remove termite infested tree.

[Navras7]

Florida
In September, I became aware that a tree that is along the front of my property began to for lack of a better way to describe to fall apart. Upon doing some research on the various causes for this to happen, I learned that the tree itself had termites. I spoke to a landscaper thinking I could just remove the tree and replant a new one, but they advised that the process was not as simple and that regardless, I would need the approval from my HOA.

Upon contacting the HOA (it took about 5 months to get any real reply) they had informed me that they would have to be the ones who replaced it, and that it would take about a year in order for them to get around to doing so.

My HOA covers all the outside areas, however not damage to any external/internal structures. I'm afraid if I have to wait a year, that it could possibly cause the infestation to spread and that I would be responsible for the costs associated with fumigating my townhouse.

I am tempted to just take care of the issue myself, and to deduct the costs incurred to maintenance fees I pay monthly but I wanted to get your guys' opinion to see if there was something I could do to get my HOA to take care of their part of the bargain sooner. I wish I had known HOA's are like their own fiefdoms in Florida, I might have reconsidered purchasing.

Thanks in advance for all of your help

Kate.

 

[FarmerJ]

Id say to have a Arborist write for you a report about the trees health and inc termites if thats what he finds, then call your city to learn what if any city ordinances may address diseased- infested / dying trees on private property and what a city ord may say if anything then send to your HOA a certified letter. If termites are found then in the letter perhaps you might want to tell them that this letter is formal notice to them that you hired a Arborist to give you a written report as to the health of the tree and in a copy of the report & ( if you find city ord that requires the tree to come down) include that information and state that this letter is your paper trail that you will be able to use in the future should there be any other legal issues related to this problem since they have not addressed it yet. Reason I suggest doing all that is then If you do have to go to a Attorney later on over this say to ask for advice about say suing them if the neglected tree causes damage you are able to show the Attorney that you did call this to the HOA attention and they didnt act.

 

[Navras7]

.

Thank you for the advice. I looked up the City Ordinances, and there is a great section about diseased plants and the process for requiring their abatement.

Can I just make a complaint based on the "professional" opinion of the landscaper?

 

[HomeGuru]

Yes, you can make your complaint, but the HOA does not have to abide by the landscaper's opinion. And you cannot take care of it and deduct the cost from your maintenance fees. Things do not work that way.
The HOA must approve.

 

[FarmerJ]

But your also free to ask the city to send someone out to evaluate the tree and No matter what the HOA has said about it if your city orders it to be removed the HOA and scream and moan all they want but they wont be able to block a city order and the worse of it is that if they choose to ignore they make it all the easier for city inspections to make rounds and look for more problems.