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Large Tree in Common Area (FL)

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From: Tom Braun
City:
Naples, FL
Live in a villa that has Home Owners Assoc. There is a very large 35' black olvie tree in the common area and which is 2 1/2 ft from a wall that separates our villa from the green space. Each March & April when the leaves drop most of them goes into our yard and small lap pol and this happens on a daily basis and causing friction between my wife and myself. We fight about it all the time as the Board is unwilling to cut it down even though we tell them that we would pay for it and the plating of a palm instead. What can we do ? Do we have legal recourse ? We feelit is the Boards responsibility to remove this nuisance and by not doing so are opening up themselves for negligence in not performing their duty. What should we do ? Please help us ? Expecially would love to hear from attorney's.

 
Extension Message
From: Jay Hayek
Extension Specialist, Forestry
Department of Natural Resources and Environmental Sciences
jhayek@illinois.edu
Greetings Tom:

I try not to get too involved in legal questions, especially those sticky, legal situations occurring outside of Illinois.

My first suggestion would be to initiate/continue written correspondence with the Condo Board in order to properly document your case. Secondly, I would confer with a legal representative regarding your complaint, as you've indicated.

However, Ask a Forester is not an appropriate forum for the kind of legal feedback you require. Therefore, I must recommend that you seek professional legal guidance regarding this matter.

Best of luck!

 
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