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I live in a small community with a POA. Our plat is bordered by a public easement which we maintain. Between the road and the sidewalk there are 4 trees that are dead and we are being pressured by the POA to remove and replace these trees. Again, we looked up our property lines and they end on the inside of the sidewalk. The easement is used by all members of our community. My question is whether or not our maintenance agreement (which has meant mowing until now) includes the removal and replacement of dead trees.
You have to read the maintenance agreement to even attempt to answer this question. Unfortunately, I’m guessing you will find that the language is ambiguous. If I were representing you, I would argue that removing and replacing dead trees is well beyond normal “maintenance,” both in scope and cost. If I were representing the Association, I would argue that you agreed to maintain the easement in the condition you found it in, which includes four live trees.
