Q: I live in a small apartment community. About five years ago, I planted avocado pits on a common area of landscape island in the parking lot. I went home yesterday and realized that one of the residents had decided to cut it down on its own. Our condo documents are silent on this issue. Do I or the Association have a leniency for this horrifying act? – JT
A: Not so, but the Community Association does.
If the association chooses to pursue the problem, neighbors cutting down the tree may face legal consequences.
Even if you planted the seeds first, the trees were in a common area so they were owned by your community.
Unless the community documentation or local ordinances state otherwise, it is your association’s responsibility to maintain the landscaping. This means that your neighbor has destroyed the association’s property without your consent.
Furthermore, most association rules have violated community rules as residents restrict modifications to common areas.
Worse, tree removal could be a violation of local tree protection ordinances. Many municipalities have strict rules regarding tree removal, and in many cases they need to obtain permission before cutting down the tree.
By removing the tree without permission, the association could face a fine. This may vary depending on the size and type of tree. Your local government can also request that you replace the wood.
Your neighbor may have had a subjective justification for wanting to remove the trees, such as the avocado falling into his car, but this does not justify his one-sided actions.
To deal with his complaints, he should have petitioned the board to remove the tree.
He has given the matter to his own hands, so your association may fine him and ask for the cost of replacing the tree and the costs of the fines imposed by your local government.
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 at sunrise. 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. Submit your questions online at sunsentinel.com/askpro or follow us at x @garysingerlaw.
