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Hoa Tree Dispute Resolution
Summary
In Florida, you can trim branches from HOA trees encroaching on your property without harming the tree. Since tree trimming is budgeted in your maintenance fees, the HOA should maintain them. Consider sending a demand letter to the HOA, seeking mediation, or filing a small claims court case for damages. Mediation involves a neutral third party to resolve disputes, and small claims court can address damages up to $8,000. Contact local mediation centers or the Clerk of Court for assistance.Full Conversation
My HOA has * common area trees aligned next to my property line one is on my property along with hedges. The tree branches are
* to * ft into my yard. One tree and */* of the hedge is on my property. They trim the hedges all the time both sides and haven't trim the tree's almost 5 years. One occasion a tree branch reached lathe way to my middle of my * car driveway which they cut. The damage to my lawn and a fruit tree from no sunlight getting in and leaves and nuts droppings from the HOA trees. Oh also I paid maintenance fee which tree trimming is budgeted.
What legal action can I take or am I responsible to cut them branches that reaches up 25ft + . if I have too cut can I leave branches in the HOA side (common area).
Hello ****,
To address your issue with the HOA trees, consider the following points:
- **Florida Law**: You have the right to trim branches of neighboring trees that encroach onto your property, provided you do not damage the overall health of the tree.
- **HOA Responsibilities**: Since you pay maintenance fees and tree trimming is budgeted, the HOA should maintain the trees.
- **Potential Legal Actions**:
- **Demand Letter**: Send a formal written request to the HOA to trim the trees.
- **Mediation**: Seek mediation if the HOA is unresponsive.
- **Small Claims Court**: Consider small claims court for damages to your property.
Would you like more information on any of these actions?
To address your issue with the HOA trees, consider the following points:
- **Florida Law**: You have the right to trim branches of neighboring trees that encroach onto your property, provided you do not damage the overall health of the tree.
- **HOA Responsibilities**: Since you pay maintenance fees and tree trimming is budgeted, the HOA should maintain the trees.
- **Potential Legal Actions**:
- **Demand Letter**: Send a formal written request to the HOA to trim the trees.
- **Mediation**: Seek mediation if the HOA is unresponsive.
- **Small Claims Court**: Consider small claims court for damages to your property.
Would you like more information on any of these actions?
yes
Great, ****! Here is more detailed information on each potential legal action:
- **Demand Letter**:
- Draft a formal letter requesting the HOA to trim the trees.
- Include details of the damage caused and reference your maintenance fee.
- **Mediation**:
- Mediation involves a neutral third party to help resolve the dispute.
- Contact your local community mediation center.
- **Small Claims Court**:
- File a claim for damages up to $*,* in Florida.
- Present evidence like photos, maintenance fees, and communication with the HOA.
Would you like assistance drafting a demand letter or information on how to initiate mediation or file a small claims court case?
- **Demand Letter**:
- Draft a formal letter requesting the HOA to trim the trees.
- Include details of the damage caused and reference your maintenance fee.
- **Mediation**:
- Mediation involves a neutral third party to help resolve the dispute.
- Contact your local community mediation center.
- **Small Claims Court**:
- File a claim for damages up to $*,* in Florida.
- Present evidence like photos, maintenance fees, and communication with the HOA.
Would you like assistance drafting a demand letter or information on how to initiate mediation or file a small claims court case?
yes
Sure, ****! Let's start with drafting a demand letter. Here are some key points to include:
- **Your Details**: Name, address, contact information.
- **HOA Details**: Name and address of the HOA.
- **Issue Description**: Detail the encroaching branches, damage caused, and lack of maintenance.
- **Maintenance Fee**: Mention your payment and the budgeted tree trimming.
- **Request**: Formally ask the HOA to trim the trees within a specific timeframe.
Would you like a template for the demand letter or information on mediation and filing a small claims court case?
- **Your Details**: Name, address, contact information.
- **HOA Details**: Name and address of the HOA.
- **Issue Description**: Detail the encroaching branches, damage caused, and lack of maintenance.
- **Maintenance Fee**: Mention your payment and the budgeted tree trimming.
- **Request**: Formally ask the HOA to trim the trees within a specific timeframe.
Would you like a template for the demand letter or information on mediation and filing a small claims court case?
mediation
Great, ****! Here is more information on mediation:
- **Mediation Overview**:
- A neutral third party helps both you and the HOA reach a mutually agreeable solution.
- **Steps to Initiate Mediation**:
- Contact your local community mediation center.
- Provide details of the dispute and request mediation services.
Would you like contact details for a local mediation center in Florida?
- **Mediation Overview**:
- A neutral third party helps both you and the HOA reach a mutually agreeable solution.
- **Steps to Initiate Mediation**:
- Contact your local community mediation center.
- Provide details of the dispute and request mediation services.
Would you like contact details for a local mediation center in Florida?
yes
Sure, ****! Here are contact details for a local mediation center in Florida:
Phone: (*) *-*
Address: * S. Duval Street, Tallahassee, FL *
Website: www.flcourts.org/Alternative-Dispute-Resolution/Dispute-Resolution-Center
Would you like any further assistance or information?
Florida Dispute Resolution Center
Phone: (*) *-*
Address: * S. Duval Street, Tallahassee, FL *
Website: www.flcourts.org/Alternative-Dispute-Resolution/Dispute-Resolution-Center
Would you like any further assistance or information?
file small claims
To file a small claims case in Florida, here's what you need to know:
- **Jurisdiction**: Claims up to $*,*.
- **Forms**: Obtain from the Clerk of Court’s office or website.
- **Filing Fee**: Varies by county.
- **Evidence**: Gather photos, maintenance fees, and communication records with the HOA.
Would you like contact details for your local Clerk of Court?
- **Jurisdiction**: Claims up to $*,*.
- **Forms**: Obtain from the Clerk of Court’s office or website.
- **Filing Fee**: Varies by county.
- **Evidence**: Gather photos, maintenance fees, and communication records with the HOA.
Would you like contact details for your local Clerk of Court?
yes
Sure, ****! Here are the contact details for your local Clerk of Court in Florida:
Phone: (*) *-*
Address: * W. Flagler Street, Miami, FL *
Website: www.miami-dadeclerk.com
Would you like any further assistance or information?
Miami-Dade County Clerk of Courts
Phone: (*) *-*
Address: * W. Flagler Street, Miami, FL *
Website: www.miami-dadeclerk.com
Would you like any further assistance or information?
in tavares
Sure, ****! Here are the contact details for your local Clerk of Court in Tavares, Florida:
Phone: (*) *-*
Address: * W. Main St., Tavares, FL *
Website: www.lakecountyclerk.org
Would you like any further assistance or information?
Lake County Clerk of the Circuit Court & Comptroller
Phone: (*) *-*
Address: * W. Main St., Tavares, FL *
Website: www.lakecountyclerk.org
Would you like any further assistance or information?
local mediation in tavares
Sure, ****! Here are the contact details for a local mediation center in Tavares, Florida:
Phone: (*) *-*
Address: * W. Main St., Tavares, FL *
Website: www.lakecountyclerk.org
Would you like any further assistance or information?
Lake County Community Mediation Program
Phone: (*) *-*
Address: * W. Main St., Tavares, FL *
Website: www.lakecountyclerk.org
Would you like any further assistance or information?
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