Williamsburg, VA asked in Real Estate Law for Virginia

Q: A tree from the common area of the neighborhood has grown to the point is is resting on my roof. Can I have them trim it

I understand that I have the right to trim it on my own, anything over my property, but I want to know if the risk of the tree damaging my house qualifies as right of nuisance so that I can request the HOA trim the tree.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: The answer depends on what your Declarations and Bylaws say and what the HOA is responsible for maintaining. You might just call and ask, but you otherwise need to review those documents.

Elizabeth Crego agrees with this answer

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