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  #1  
Old 08-06-2014, 07:58 PM
Weekend cut easymoney Weekend cut easymoney is online now
LawnSite Gold Member
 
Join Date: Mar 2010
Location: Texas-The Hilly part
Posts: 3,362
Tree domain

we've got an HOA which recently had a resident demand that the HOA cut down a tree which is hanging across the homeowners fence--pushing on fence. The tree originates from a 'wild', un-maintained area of land//creek, which happens to be owned by the HOA.

Any of you tree guys have some thoughts on this? whose responsibility is it?

Ive been told that trees make their own domain hence the HO needs to suck it up and cut the limb.
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1989 BlueChevy 1500 Extended cab with FULL bed
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  #2  
Old 08-06-2014, 08:02 PM
PaperCutter PaperCutter is online now
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Join Date: Sep 2006
Location: Northern VA
Posts: 1,359
there was a court case a few years ago - I think it may have been here in the DC area - where a homeowner was able to demonstrate that their neighbor's tree roots were damaging their foundation, and they successfully sued to have the people remove the tree. Depending on how much the tree on common land is damaging their property, based on this they may have standing to demand the HOA remove the tree at their cost. But I'm really, really not a lawyer.
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  #3  
Old 08-06-2014, 08:13 PM
Weekend cut easymoney Weekend cut easymoney is online now
LawnSite Gold Member
 
Join Date: Mar 2010
Location: Texas-The Hilly part
Posts: 3,362
Or should I get one of these and be done with it?


http://digg.com/video/this-machine-i...or-whole-trees
__________________
1989 BlueChevy 1500 Extended cab with FULL bed
1978 7ft Sears cargo trailer with added wood inserts to hold both my weedeaters
3 1976-83 vintage lawnboy lawnmowers with full self propel features as well as mulch kits
2 Sears electric weedeaters
1 green machine electric leaf blower
1 sears articulating hedge trimmer-electric
2 50ft power cords
3 Leaf rakes
1 shovel
1 pocket knife
cooler for beer
lawn chair to enjoy a beer while I wait for the cash to be handed to me
Reply With Quote
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