Can an HOA force you to accept their bid for tree removal?

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Can an HOA force you to accept their bid for tree removal?

I live in a community with an HOA. I just received this e-mail: There are 3 dead trees in your yard at the street. They are marked with orange paint at the base. The Association is hereby notifying you that they are a danger and need to be removed immediately. The Association has gotten a bid to remove the trees for $800. Please submit that amount to me as soon as possible. This e-mail is your notice to remove the trees within 10 days or the Association will be forced to remove them and bill you for the removal fee.

Asked on April 7, 2011 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To answer this question, you need to reference the HOA agreement and any other agreements or documents govering your rights and responsibilities. If the agreements give the HOA the power to assess you for the removals, they can (though if you believe the amount is clearly excessive, you might be able to fight it on that ground, to at least remove it). Or if the agreements give the HOA the power to take action if you haven't done anything about the trees within a certain period of time--if so, and you did not act, they could act.

So the answer is, there is no general answer in the law about this--it depends on the HOA agreement and what rights, powers, and responsibilities each of you and the HOA have. Good luck.


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