My property is the first house on the entrance of a subdivision. My side rear lawn has trees and shrubs that were planted by the HOA and the trees and shrubs are also maintain by the HOA for the curb appeal of the subdivision. However, one of the tree is dead and the HOA has asked me to remove the dead tree as it is on my property. I feel I shouldn't be the party who is responsible to remove the tree because the HOA planted it and maintaining it, also the trees are for the community curb appeal. In this matter who is responsible for the removal of the dead tree?
Impossible to tell without reading the easement language and your declarations, but most likely if the HOA is liable to maintain the landscaping it is likely liable to remove the deed tree. If the HOA is only liable for the shrubs and flowers and not the trees, then you might be liable.
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.
I agree; one would need to review your governing documents and the language that establishes the HOA's landscape easement. GENERALLY, the owner of the dominant estate (i.e., here that would be the HOA) has the duty to maintaining the easement; but one would have to review these instruments (and the facts here) to know for sure in this specific case.
Consult a good local HOA lawyer if you are not sure.
Hope this helps,
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and prosperous career. Good luck!
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