What are the HOA’s Rights?

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I live in West Virginia and I am the president of an HOA. If someone has a dead tree in their yard, is it the HOA’s obligation to make them cut it down? I ask this because the neighbor of said tree says we can’t make them cut it down before it falls on his house.

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Whether you are legally obligated to do this will depend on your local laws and HOA documents. You’ll need to read them to determine for certain. But, a much easier question is whether you SHOULD have this done, and the answer is yes. Dead trees are a potentially quite dangerous hazard to both people and property, and don’t do the tree any good, either.

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Author: House Attorney