HOA Won’t Remove Tree, Waiting on Votes

Question:

Good evening ,
I’m writing because I’m experiencing a issue with the board of my condo. Back in January I brought to there attention that we were having a water backup issue from tree and we were told it was our issue so we fixed the problem . On may of this year we started having this issue again and we hired a plumber who determined that the Issue isn’t our since the problem is coming from a tree not on our condo . I sent them pictures of the issue again and notified them in may that it was determined that it isn’t a problem for us to fix . Unfortunately until date they keep saying they are waiting on the votes on a proposal to remove the tree but no follows through and the issue remains in place . Can you make any recommendations of what can be done in this case and if I can file a complaint to hopefully get some assistance

– Luz

 

Answer:

Hi Luz,

It is a good idea to find out who is responsible for the tree. Your governing documents, including your CC&Rs and community plat, should be able to help you determine this. If it is the HOA’s responsibility, and they are truly waiting on votes on a proposal, you could ask the board specifically what is holding up the progress.

Find out if the vote needed is simply a board vote or a vote from the membership. Typically, such votes happen at board meetings. Make sure you attend the next board meeting to get a better grasp on what is happening in your community. Perhaps the board is finding it hard to secure enough votes or get a quorum. Finding the root cause of the holdup will help you determine the next steps.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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