Q: What actions can I take against my HOA for not removing a tree that has fallen against another tree above my driveway?
I live in FL in a townhouse end unit with a nature conservation on the side of my house. A recent storm knocked down a tree in the common area and it is now leaning against another tree above my driveway the branches were also blocking the driveway entry until I had them removed. I submitted a repair request and have been getting the run around from the HOA manager for about a month now. I am trying to determine whether I should take legal action now before the tree falls onto my property.
A:
You have a duty to mitigate your damages but you also have to be careful with HOAs because they will claim you improperly removed one of their trees. Document with lots of pictures that are date/time stamped and then send the HOA a statutory offer of pre-suit mediation by certified mail, return receipt and regular mail. It's mandatory before you can proceed and there's a good possibility the HOA might actually take care of the problem since they only have 20 days to respond.
The form of the letter can be found in Fla. Stat. 720.311 - http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.311.html
You can find mediators on floridamediators.org but make sure you find five mediators with HOA experience. If you are unsure at least consult with a HOA attorney for guidance and help in choosing a mediator. You may even want to hire one to represent you since litigating with HOAs is very technical and you don't want to lose on a technicality.
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