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

UPDATED: Apr 7, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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