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My HOA has notified the Community that we are now responsible for tree and shrub maint. outside of our deed/property line?

Tucson, AZ |

Our HOA has decided that they are no longer responsible for tree and bush trimming between the homes even though they have been doing it for at least 5 years. And they are saying that it now the homeowners responsibility to maintain the area, even though it is outside of the homeowners property line.


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Attorney answers 1


It is impossible to provide a reliable answer without seeing what your HOA documents say about maintenance. Although it would be unusual for an owner to be required to maintain property that the owner does not own, it can be required by the HOA documents. Just because the HOA has done it for 5 years does not create the legal obligation for the HOA to continue doing it. There must be a source of the HOA's legal obligation or the HOA need not continue.

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