Can I Sue The HOA For Over Pruned Trees?

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We have a number of trees on our property that cross the boundary into the easement. The HOA had a landscaper cut the trees down from 25-feet to 5-feet, leaving our privacy screen bare. Not only has this impacted the quality of our property, but I expect that it also reduces the value of the property. This work was done without our awareness or permission. I think the landscaping company acted irresponsibly in not executing a proper ‘pruning’ job, but I think the HOA Board is responsible for not consulting with homeowners whose view would be so severely impacted and exploring other alternatives that could minimize the impact to homeowners. Incidentally, due to the location of the work done, none of the HOA board members were impacted by the whacking of these healthy trees. The HOA Board members do not seem to be willing to hold the landscaper to resolving the problem. I would like to have the trees replaced with equivalent evergreen trees of at least 20-feet. What recourse do I have to be compensated for the significant costs to do fix this problem? I estimate that to leave as it is now and let the trees regenerate, some will die and for those that live, it will take at least 8 years for them to return to the size they were previously. The work is going to be costly with trees that size. I would like to withhold HOA fees until we are compensated, but I understand there are other legal issues that we could bring on ourselves. Help please! The view is now terrible and I am angry every time I see it. I shudder at the thought of having to hire an attorney, and suing the HOA since it is the neighborhood’s money, but there were clearly 2 negligent actions. Thank you.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

So the HOA hired a landscaper who over pruned trees. The trees “cross the boundary” into an easement, so there’s a question of who the trees’ owner is and who has the right to determine what appropriate pruning is. You’ve already talked to the HOA, but they tell you you’re SOL because they aren’t personally impacted.

We’re unclear why you are reluctant to hire an attorney, which is probably your best course of action.

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Author: House Attorney