Q: Community Associations can plant trees on common property. – Roy
A: Homeowners, including those living in community associations, generally do not have legal rights to certain views.
However, as with most issues that involve legal rights, certain facts of the situation can make a difference.
For example, a community association or adjacent property owner cannot maliciously block someone’s views. It is intentionally placed to block the views of a single owner, as retaliation of the unit owners who speaks against the board could be challenged. Still, the owners of the unit will face a difficult battle in which the judge proves the bad intentions of the board in order to win.
This is not easy as the association has a lot of discretion in how it operates its communities and plans to plan landscaping.
The first step is to review the community declarations and other administrative documents.
Some properties are sold for unique characteristics such as ocean view apartments, so many developers have “displayed preservation clauses” to prevent this situation.
If this does not apply to you, check your local ordinance. Some municipalities, particularly the coastal sector, have established special rules to protect residents’ views from being blocked.
The next step is to talk to the board and express your concerns. Even without the above protections, your community may not realize that one of its members is concerned about this change.
Association directors volunteer for a often frustrating role to spend their free time helping their neighbors live in well-run communities. Service on the board is a balanced act. Because it may be impossible for everyone to be happy, some residents want more landscaping, while others complain that they already have too many.
When you speak to your board, you will politely point out your concerns and add that blocking your views when necessary violates your declaration or local law.
Hopefully this will convince the board to change its landscaping plan.
If not, you will consult with an experienced local lawyer as you believe they are violating rules or regulations or behave maliciously to elect you. We need to discuss ways to protect the rights of the
Gary M. Singer is a Florida lawyer and is accredited the board as a real estate law expert by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Florida. He is the chairman of the Broward County Bar Association’s Real Estate Division and co-hosts the weekly radio show Legal News and Reviews. He frequently consults with a variety of businesses across the country about common real estate issues and trends in Florida. Send him any questions online at www.sunsentinel.com/askpro or follow him on Twitter @garysingerlaw.
