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Who owns/ is responsible for trees planted along streets in HOA common area?

Orlando, FL |

Each home has a tree planted along the street in the HOA Common Area. The Common area associated with the street extends from back of sidewalk to back of sidewalk on either side of the street.

I assume that the homeowner has exclusive use of the tree and owns the tree; just like he has exclsuive use of his mailbox and irrigation system. If not, is the HOA the owner and is responsible for the tree? If so, who owns the mailbox and the irrigation system and sod in the common area? The homeowner pays the water bill and irrigates the common area along the streets between the street and the front of the sidewalk.

Thanks,
Curious in Orlando

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Attorney answers 1

Posted

It depends on the language in the governing documents of the HOA and who owns the streets - the HOA or the county.

Usually owners have an easement in this area and are responsible for maintaining anything in that area.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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