Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘We reside is in Orlando, Florida. We have a pool screen covering our pool. There are three 30′ tall Palm trees that are located within an easement for the Homeowners Association. When the wind blows hard, palm shards are blown onto the top of the pool screen causing tears. I can’t replace the screen every time there is a
tear. The HOA takes care of the trees as far as trimming the dead fronds. What are my rights?’You’ll need to first consult your HOA documents. The trees might be a nuisance (for example, to the extent that they are not properly trimmed, leading to the shards), but your rights to abate the nuisance,or to require the HOA to do so, may be limited or there may be specific procedures you need to follow in order to enforce any rights.
Question: The HOA documents should shed some light on this.
