If my subdivision has a defunct HOA and a large tree on common ground is nearly dead, can I force the city or county to remove the hazard?

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If my subdivision has a defunct HOA and a large tree on common ground is nearly dead, can I force the city or county to remove the hazard?

The tree is within 10 feet of my property line. It leans into my yard. Falling dead wood creates an imminent danger. I cannot pay approx. $7,000 to have it removed. The city say’s it is on private property and not their responsibility. Their must be some recourse for a property owner with no active HOA.

Asked on April 18, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no active HOA for the complex that you live in where there is a tree on common property within the complex that needs to be removed, you have a dilema in several ways as follows:

1. Is there money from dues within the association to pay to remove the tree? If not, then I see you having a difficult time having the municipality remove it since the tree is on private property, not public property.

2. You need to carefully read the recorded covenants, conditions & restrictions as to what is needed to revive the homeowners association that you live in.

3. Given the circumstances that you have written about, I suggest that you consult with an attorney that practices in the area of planned unit developments such as the one you live in.

4. The concern that you need to be aware of is that even if you revive the HOA, is there enough money being generated from presumed monthly dues as to each member in the complex to have the tree that is on common association property removed?


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