There are 2 Eucalyptus trees in a common area that I want removed because it makes a mess with its leaves in my backyard. Crows also hang out in them defecating into my backyard. Im tired of cleaning this up everyday. I contacted the Property Management Company and they said "We'll take a look but don't easily remove trees from the neighborhood. Leaves and trees are part of the natural surroundings. If the area looks over planted there may be a chance". How do I get these trees removed?
Real Estate Attorney
You will need a court order to remove the trees. You will have to convince the judge that the trees are a nuisance preventing you from full use and enjoyment of your property, and that a trimming of the tree branches will not cure the problem. The court will balance the hardships - the detriment to you for allowing the nuisance to continue vs. the hardhip to the HOA if the trees were removed. You should start with having your attorney write a letter to the HOA where you offer to pay for the tree removal.
Richard A. Rodgers, Esq.
As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.
It's not clear from your question whether you are a member of the HOA. If so, you need to take up this issue with your HOA board, not with the management company.
And even so, your HOA board may be limited in what it can do, depending upon whether or not your city or county has a tree preservation ordinance.