Homeowners association – Sahara Acaps http://sahara-acaps.org/ Fri, 10 Jun 2022 23:41:00 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://sahara-acaps.org/wp-content/uploads/2021/10/icon-59-120x120.png Homeowners association – Sahara Acaps http://sahara-acaps.org/ 32 32 Misty Woods Homeowners Association one of eight Indy Neighborhood Infrastructure Partnership Grant recipients https://sahara-acaps.org/misty-woods-homeowners-association-one-of-eight-indy-neighborhood-infrastructure-partnership-grant-recipients/ Fri, 13 May 2022 16:30:00 +0000 https://sahara-acaps.org/misty-woods-homeowners-association-one-of-eight-indy-neighborhood-infrastructure-partnership-grant-recipients/ Indianapolis, May 13, 2022 (GLOBE NEWSWIRE) — Indiana Community Association Services, a Association is pleased to announce that its community partner, Misty Woods Homeowners Association (HOA), is one of eight community-based organizations (CBOs) selected to participate in the 2022 Indy Neighborhood Infrastructure Partnership (INIP) program. From November 2021 through January 2022, Indianapolis CBOs submitted ideas […]]]>

Indianapolis, May 13, 2022 (GLOBE NEWSWIRE) — Indiana Community Association Services, a Association is pleased to announce that its community partner, Misty Woods Homeowners Association (HOA), is one of eight community-based organizations (CBOs) selected to participate in the 2022 Indy Neighborhood Infrastructure Partnership (INIP) program. From November 2021 through January 2022, Indianapolis CBOs submitted ideas and corresponding bids for future public works construction projects through INIP. Selected applicants receive matching funds to build projects – such as sidewalks, trails or road improvements – within the city’s right-of-way that improve the quality of life for residents in and near their neighborhoods or institutions.

The Indianapolis Department of Public Works selected Misty Woods HOA to receive matching funds for the repair of Misty Woods Lane, Autumn Breeze Lane, and Winterwind Lane. Prior to applying, the Misty Woods HOA board obtained estimates for street repairs ranging from $100,000 to $200,000, with the final cost depending on the scope of the project and the fluctuating cost of asphalt. In accordance with the HOA’s bylaws, the Misty Woods Board of Directors has not committed any HOA funds to the INIP program. Instead, he estimated the potential use of community reserves following a ballot and a vote of approval by the owners of Misty Woods. Work on the project is expected to begin in late summer or early fall.

“Being one of eight recipients selected to participate in the Indy Neighborhood Infrastructure Partnership program is a wonderful opportunity,” said Jennifer Freeman, CMCA.®, president of the Indiana Community Association Services Branch. “This demonstrates the commitment of the Misty Woods Homeowners Association Board of Directors to creating and sustaining a superior quality of life for their residents and the community in which they live.”

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Class ! Most Satisfying Revenge on the Homeowners Association https://sahara-acaps.org/class-most-satisfying-revenge-on-the-homeowners-association/ Fri, 13 May 2022 09:22:35 +0000 https://sahara-acaps.org/class-most-satisfying-revenge-on-the-homeowners-association/ 6. The man sues HOA and wins “A good friend of mine inherited his grandparents’ old house. Less than a week after moving in, he was visited by a neighborhood committee. They said they were members of the HOA and they were there for him to sign his membership papers. They were extremely nosy and […]]]>

6. The man sues HOA and wins

“A good friend of mine inherited his grandparents’ old house. Less than a week after moving in, he was visited by a neighborhood committee. They said they were members of the HOA and they were there for him to sign his membership papers. They were extremely nosy and rude and tried to get into the garage without even asking. When my friend stopped him, the man had the audacity to say, “I need to check your garage, if everything is in order. I have the right to do this every two weeks, and denying me access is an offense that will cost a fine.

My friend got tired of their audacity and kicked them out of the house. One of the board members shoved some papers in his face and told him he had to sign it right away. Once they were gone, he glanced at the papers. They were ridiculous and gave HOAs rights that were simply unreal. For example, they had the right to visit your home every two weeks. You had to mow your lawn every week, you had to shovel the snow every two hours when it snowed (from 5 am). You couldn’t park more than one car on your lot (except inside the garage), and a ton of other drama.

A few days later, they came back and asked him why he hadn’t signed the papers yet. They also wanted to check the garage again. This time he won’t even let them in and tells them he will never become a member of their stupid club. For them, that meant war. Within a week, they had sent him fines of over $1,000 (including several for denying them access to his home, each worth $250). My friend just didn’t take them seriously[ly]and used their silly letters to help light his grill.

Then came the day they left extremely too far. One of the board members broke into his garage, stood there, and wrote things on his notepad. But that wasn’t even the worst. He had two magnificent oak trees in front of the house. They had been planted by his great-grandparents when they were newlyweds and moved into the house. The HOA was removing them. One of them was already so badly damaged that only a stump remained. The other they had just started with. My friend completely lost it. He told the tree crew to pull over immediately and explained to them that he was the owner and that what they had done was highly illegal. They had no idea, since the board member claimed that these trees were breaking the rules.

He told them that he would neglect them in case of trespassing, if they were witnesses for him in court. Then he called the board cops for trespassing, breaking and entering (they had actually used a bolt cutter to get into the garage).

The process must have been glorious. Not only did they have to reimburse him for the lock and the shaft (which was worth a ton of money, north of $50,000 if I remember correctly), plus damages for the second shaft. But these idiots actually thought the lawsuit would have been unfair and tried to fight it, which probably cost them another $10-15,000 in attorneys and court fees. All in all, this trial must have cost them over $120,000. Then he went to another civil court and sued them for moral damages. He told them how much these trees meant to him, since his great-grandparents had planted them, with seeds from the country of origin (he really put as thick as possible). Also, he felt threatened by the HOA and can barely sleep, as he is always afraid that they will try to enter his house. The court actually bought him and gave him $500,000 plus the costs of a state-of-the-art alarm system, so he could feel safe in his own home again.

So put together, it cost the HOA almost $750,000. They had to declare bankruptcy and have someone check the books for my friend to receive his money. It’s getting better. The ombudsman found out that these three assholes had been defrauding the HOA for over 10 years and were handing out as many fines as possible so they could use it to boost their income. All three had to sell their house to be able to pay my friend. Now he is, for most people, one of the favorite people who live there, and he is constantly invited over for grills and so on.

See, most people never wanted the HOA in the first place, but the board member practically forced them to sign the contract, saying it wouldn’t be optional, and if they didn’t sign before move, it would be a $500 fine. Only six of the 50+ members actually wanted this HOA.

Via Reddit

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People talk about how they got a little revenge on their homeowners association, and I’m absolutely kidding https://sahara-acaps.org/people-talk-about-how-they-got-a-little-revenge-on-their-homeowners-association-and-im-absolutely-kidding/ Sun, 08 May 2022 07:00:00 +0000 https://sahara-acaps.org/people-talk-about-how-they-got-a-little-revenge-on-their-homeowners-association-and-im-absolutely-kidding/ 12. “Our board was tired of people leaving decorations for too long after the holiday was over, so they made a rule last July that we could only have decorations 15 days before and had to be taken down 15 days. after the holidays. Some people might think the rule is correct. But I like […]]]>

12.

“Our board was tired of people leaving decorations for too long after the holiday was over, so they made a rule last July that we could only have decorations 15 days before and had to be taken down 15 days. after the holidays. Some people might think the rule is correct. But I like to decorate for Halloween on October 1st to have the decorations up all October.

“When they passed this rule, I was livid. I realized they never mentioned what parties we could decorate for, so the first thing I did was go buy red, white and blue lights. I decorated for the 4th of July, and you better believe I left those boring lights on until the 19th of July.

“The problem is there isn’t really a big holiday from July to October. BUT the HOA didn’t say it had to be a big holiday. After July 19, I decorated for International Day beer, which was August 4th, with the same red, white and blue lights for July 4th, but I removed the sign that said “Happy Independence Day” and replaced it with a sign I made myself that said ‘Happy International Beer Day’.

“August 19, I changed the sign to Happy National Aviation Day. I kept the same lights on. Then it was Labor Day. Yes. I just changed the sign again. On September 19, I started celebrating Rosh Hashanah. Because again, they never indicated what holiday we could decorate for.

“I continued through the holidays where I started with Veterans Day after Halloween and then went to Thanksgiving and Hanukkah.

“The council met and tried to pass a rule saying what holidays we could decorate for BUT they couldn’t get the vote when they tried to only include New Years, Valentine’s Day , July 4, Halloween and Christmas. They didn’t’ This doesn’t include any Jewish holidays or any other non-Christian holidays like Ramadan, and a lot of people have expressed their displeasure about it.

“So they’re going to meet again, and I think they’re just going to change the rule to have the decorations drop for the holidays in a reasonable amount of time and not put any restrictions on when we can start.”

—u/jaxmagicman

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New homeowners association to fight misappropriated properties https://sahara-acaps.org/new-homeowners-association-to-fight-misappropriated-properties-2/ Thu, 05 May 2022 07:00:00 +0000 https://sahara-acaps.org/new-homeowners-association-to-fight-misappropriated-properties-2/ Residents have formed a homeowners association to investigate, report and deal with criminal elements in their area, especially those related to illegal immigrants and hijacked properties. The newly formed South African community movement is based in Ferndale and currently has around 50 members. “But unlike Operation Dudula which has made so much headlines recently, this […]]]>

Residents have formed a homeowners association to investigate, report and deal with criminal elements in their area, especially those related to illegal immigrants and hijacked properties. The newly formed South African community movement is based in Ferndale and currently has around 50 members.

“But unlike Operation Dudula which has made so much headlines recently, this group of residents promises to be fair and ‘friendly’ in its approach to these issues. We will not harass people,” explained member Thando Gawe, who along with founder Christina Mokgosi and members Lebo Sekgobela and Zuzeka Mapeyi met with Randburg Sun to introduce the association to the community.

“Where there are hijacked properties, we will involve the police and present the people living there with a letter asking them to leave. If they don’t, we’ll see what we can do. Everything will be done at a professional level.

Christina Mokgosi, founder of the South African Community Movement. Photo: Nicolas Zaal

Residents can rest assured that there will be no violence from members of this movement, the group said.

Mokgosi added that the organization would also work with the Ministry of Health and Home Affairs. “We want to make this a national movement because it’s a problem across the country,” she said.

“Even here in Ferndale we are aware of properties that have been taken over by criminals, many of them [allegedly] illegal immigrants who used them as a base of operations. Mokgosi was the ANC’s candidate for ward councilor in Ward 102 in the last local elections, but stressed the move was not political.

The group can be followed on its Facebook page

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Macomb Township Hosts Homeowners Association Meeting – Macomb Daily https://sahara-acaps.org/macomb-township-hosts-homeowners-association-meeting-macomb-daily/ Mon, 02 May 2022 07:00:00 +0000 https://sahara-acaps.org/macomb-township-hosts-homeowners-association-meeting-macomb-daily/ Macomb Town Hall will take on a more neighborhood feel on May 2, when officials host a homeowners association meeting. Supervisor Frank Viviano said the township had hosted a meeting for homeowner association presidents and leaders at City Hall at 6:30 p.m. on May 2. “The goal is to give residents who help run their […]]]>

Macomb Town Hall will take on a more neighborhood feel on May 2, when officials host a homeowners association meeting.

Supervisor Frank Viviano said the township had hosted a meeting for homeowner association presidents and leaders at City Hall at 6:30 p.m. on May 2.

“The goal is to give residents who help run their communities a kind of open forum with some of the elected officials and a few of our department heads that we can get really good and effective two-way communication between them and us, and see how we can help each other in the future,” Viviano said on April 20.

The meeting is a first for the township, a way to encourage direct face-to-face discussion between the township and homeowner associations.

“We hope that they can share with us their main concerns regarding the challenges they face, and see how we can use the resources of the township to meet these needs. And I also hope that we can share with them, maybe things that they don’t know about the township, events and activities and maybe some of the ordinances, and maybe this will be the occasion to dispel some misinformation about a given number of topics,” Viviano said.

The township began collecting the names and contact information of the presidents and officers of the Macomb Township Homeowners Association (HOA) last fall, with the goal of creating a database. On April 6, the township posted information on its website at macomb-mi.gov/CivicAlerts.aspx?AID=523, indicating that information about the president and leaders of the homeowners association was still requested. Instructions on how to submit contact information have been included in the site and forms have been made available at macomb-mi.gov/FormCenter/General-Inquiries-4/HOA-Presidents-and-Officers-63 .

The development of the database was intended to develop the town hall or a series of sessions to improve communication between the municipality and its neighborhoods. Township Community Relations Liaison AnnMarie Chamberlain said compiling information for the list will be an ongoing project.

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Hancock Park Homeowners Association Needs Your Voice – Larchmont Buzz https://sahara-acaps.org/hancock-park-homeowners-association-needs-your-voice-larchmont-buzz/ Mon, 18 Apr 2022 22:42:43 +0000 https://sahara-acaps.org/hancock-park-homeowners-association-needs-your-voice-larchmont-buzz/ Sponsored article Melrose/Seward Office Building ProjectYour voices – Your comments – Your neighborhood Dear Hancock Park Residents, Please read the letter below regarding the proposed development to Melrose and Seward. If you would like to comment or add your name for the record, to the list of residents who agree with the comments in the […]]]>

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Melrose/Seward Office Building Project
Your voices – Your comments – Your neighborhood

Dear Hancock Park Residents,

Please read the letter below regarding the proposed development to Melrose and Seward. If you would like to comment or add your name for the record, to the list of residents who agree with the comments in the letter, you can forward this email with your name and address to:

Urban planner David Woon: david.woon@lacity.org
Council Member Paul Koretz: paul.koretz@lacity.org
CD5 Planning Director: dylan.sittig@lacity.org
Chief of Staff Joan Pelico: joan.pelico@lacity.org

Memorandum letter:

SUBJECT: Melrose/Seward Creative Office Project (CPC-2021-2908-ZC-HD-ZAD-WDI-SPR, ENV-2021-2909-MND)

April 12, 2022

Dear Mr Woon,

We are writing to express our opposition to Bardas Investment Group’s proposed construction of a 5 story building at the corner of Seward and Melrose. We would like to address several points, but before that, we would like to highlight two images.

The first is from the Bardas Investment Group website. As you can see below, the image indicates that the inauguration of this project will take place in the second quarter of 2022. The description is not “revolutionary estimated”. The images are also not described as a “potential design for the property”. To look at the Bardas site, you and the agency have already approved the project.

As actors in our neighborhood, we would like to thank you in advance for your attention to this decision. We don’t take you or the work you do for granted. We will never assume that a decision has already been made. Your work is important and we know you take it seriously.

Office building project in Melrose and Seward.

A second image that we would like to highlight comes from the initial application of Bardas to the city. On the last page, Bardas has the possibility to provide the signatures of neighboring owners. There were numerous times during your zoom meeting with Bardas last week when Bardas representatives referenced their thoughtful community outreach to solicit feedback on the project. If a picture is worth 1000 words, we feel like the form below says it all.

With respect to our specific grounds for objection, we would like to express a few arguments as to why the requested rights should be denied:

  • The application asks the zoning administrator to “waive the transition height requirements, in order to allow the development of the project.” We would emphasize the word transitional. The reason these particular lots are limited to their current height is due to their location. They are transient. They provide a buffer zone between the more work-related buildings to the north and the residential area to the south. Waiving the height requirement to construct a 5 story building completely defeats the purpose of the code. These height limits exist for a reason – to create a sense that there is a flow and a plan in our city – and approving Bardas rights would defeat the intent of these zoning codes.
  • The application states that “the height of the project would be compatible with other existing and future developments near the project”. The application then cites the following locations as “similar in size and use to the project”:
    • “The three-story office building currently under construction located at 743 Seward Street”
    • “The two-story Digital Post Services production building located at 712-720 Seward Street.”
    • “The two-story Irwin Entertainment production building located at 706-708 Seward Street.”
    • “Three-story multi-family residential development abutting the southeast corner of Melrose Avenue and Seward Street”
  • Bardas seems to suggest that these 2 and 3 story buildings make it acceptable to build a 5 story building next to a residential area. None of these other buildings have 5 floors. We don’t know how Bardas defines the word ‘compatible’ – but in our opinion these quoted buildings would suggest that their 5 story structure is incompatible
  • The application states that “the project has carefully incorporated design features to ensure compatibility with these residential uses, the John C. Fremont Branch Library and the Hancock Park Historic Preservation Overlay Area, which is located to the south from the site, across Melrose Avenue. “The phrase seems to suggest that the design of the new building takes into account the look and feel of the surrounding area. For the sake of clarity.

Beyond the common design elements of doors, windows, and roofs, we see no “compatibility” between the new building and the surrounding structures. (Again to emphasize: During your zoom with Bardas and stakeholders last week, Bardas continually referenced the outreach he did to the community to gather feedback. As far as we can tell, this outreach was tantamount to zooming in on the project with Hancock Park residents the day before Bardas called with you.)

      1. The application states that “the articulation and structural variance would enliven the streetscape, help minimize the perceived scale of the building facades, and help soften the height and mass of the building.” The reason it is necessary to minimize the perceived scale of the building is that it is 5 stories high. We believe that the best way to minimize the perceived scale of a building is to not make it 5 storeys and to conform to existing height limits.
      2. The application states that “the project will enhance the built environment in the surrounding neighborhood or perform a function or provide a service that is essential or beneficial to the community, city, or region.” Any potential benefit, function or service that the building may provide is in no way related to the height of the building. Unless Bardas has data and/or research showing that redevelopment is only successful when the building is five stories high, these “benefits” can be achieved while staying within existing height limits.
      3. The nominations state that “the project would help ensure the continued growth of city-based industries and help the city and the Hollywood community create and retain employment opportunities.” We strongly support the creation and maintenance of jobs. However, jobs can be created and maintained with a building that respects existing height limits.

(Sidenote: Many of us submitting this letter work in the high-end part of the entertainment industry. In other words, we are the target tenants that Bardas would pursue as tenants, and we can say with authority that there is no size preference in the entertainment industry. No one is looking for space to rent by saying, “First of all – only show me buildings that are five stories or taller.” In fact, (most people who work in industry seek low-key, anonymous office space. A five-story mini-Beverly Center towering over neighboring buildings is neither low-key nor anonymous.)

In conclusion, the issue of approval boils down to the difference between want and need.

Bardas wants to build a five story building because Bardas wants to earn more money. Increased height means more floors to rent. However, Bardas does not need to build a five-story building.

The Bardas may say that they need to make the building five stories in order to make it profitable, and so they need the height requirement to be increased. We would say that Bardas should have thought of that before buying the land. Rules exist for a reason. Bardas cannot raise elephants on the property. Bardas cannot drill for oil on the property, although the Los Angeles Zoo and oil pumps are a few miles away. The zoning does not permit either of these activities. It also does not allow five-story buildings on this property, and we ask that this rule be adhered to.

Bardas wants to build a five-storey building.

And we – the people who signed this letter – need your office to be thoughtful protectors of the rules and ordinances of this city we all love.

Many thanks in advance for your time and consideration.

Better,

Mr. Geoff Shaevitz and Sarah Moses, 640 North June Street
Jack and Susan Blumenthal, 618 North June Street
Bridget and Clark Wells, 628 North June Street
Billy and Sheryl Rosenberg, 634 N June Street
Michael & Kelley, Avery 613 North June Street
Peter Gorelick, 600 North June Street
Tom and Kerri Specker, 608 North June Street
Kelly Shin, 646 N June St.
Adam Sires 617 North June Street
Ilene Bell and Paul Koegel, 626 N Cherokee Ave
Jen and Marc Feinstein-DeVore, 607 North June St.

Note: Listing as of April 12, 2022, more residents continue to send letters and comments about this project since that date.

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Association of owners of the Valencia reserve sued https://sahara-acaps.org/association-of-owners-of-the-valencia-reserve-sued/ Thu, 14 Apr 2022 07:00:00 +0000 https://sahara-acaps.org/association-of-owners-of-the-valencia-reserve-sued/ The Valencia Reserve HOA is being sued. BY: STAFF REPORT | BocaNewsNow.com UPDATE 5.40pm: Mr Blutig has reached out to let us know that although his lawyers used the clubhouse address in the lawsuit, he actually came across tree roots that had come through the curb. He tore his rotator cuff which, at 79, is […]]]>
The Valencia Reserve HOA is being sued.

BY: STAFF REPORT | BocaNewsNow.com

UPDATE 5.40pm: Mr Blutig has reached out to let us know that although his lawyers used the clubhouse address in the lawsuit, he actually came across tree roots that had come through the curb. He tore his rotator cuff which, at 79, is not insignificant. Blutig told us, as other homeowners have confirmed, that roots growing through sidewalks in the GL Homes community of Valencia Reserve are a problem.

BOYNTON BEACH, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) – The Valencia Preserve Owners Association is facing legal action from a man who claims the HOA made negligent in the upkeep of his clubhouse. The man fell and claimed serious injuries.

Richard Blutig, in his lawsuit, says he was at or near the property at 9275 Lake Royal Road in Boynton Beach on December 21, 2020 as a “business guest.” The lawsuit alleges that the HOA “negligently” and “negligently” failed to maintain the grounds of its premises in a “reasonably safe condition” and created “an unsafe condition” for those who “walk around.”

The lawsuit, filed by Miami attorney Diana Usten, makes no mention of actual negligence or what led Mr Blutig to fall. It is unclear if he says he fell in the clubhouse or on the clubhouse grounds.

According to the lawsuit, Mr. Blutig, “experienced bodily harm and pain and suffering, disability, disfigurement, mental anguish, aggravation and/or acceleration of one or more pre-existing conditions, loss of ability to profit from life, expenses for hospitalization, medical and nursing care and treatment, loss of income and loss of ability to earn money in the past and in the future.

There was no immediate response filed by the Valencia Reserve HOA. Local real estate expert Zev Friedus tells us that “Valencia Reserve is a single family residence community located in Boynton Beach, Florida with seven homes currently for sale between $650,000 and $997,500.” GL Homes has marketed the community as a “working adult” community, the term it uses for communities that focus on people aged 55 and over.

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New homeowners association to fight misappropriated properties https://sahara-acaps.org/new-homeowners-association-to-fight-misappropriated-properties/ Sat, 09 Apr 2022 07:00:00 +0000 https://sahara-acaps.org/new-homeowners-association-to-fight-misappropriated-properties/ Residents have formed a homeowners association to investigate, report and deal with criminal elements in their area, especially those related to illegal immigrants and hijacked properties. The newly formed South African community movement is based in Ferndale and currently has around 50 members. “But unlike Operation Dudula which has made so many headlines recently, this […]]]>

Residents have formed a homeowners association to investigate, report and deal with criminal elements in their area, especially those related to illegal immigrants and hijacked properties.

The newly formed South African community movement is based in Ferndale and currently has around 50 members.

“But unlike Operation Dudula which has made so many headlines recently, this group of residents promises to be fair and ‘friendly’ in its approach to these issues. We will not harass people,” explained member Thando Gawe, who along with founder Christina Mokgosi and members Lebo Sekgobela and Zuzeka Mapeyi met with Randburg Sun to introduce the association to the community.

“Where there are hijacked properties, we will involve the police and present the people living there with a letter asking them to leave. If they don’t, we’ll see what we can do. Everything will be done at a professional level.

Christina Mokgosi, founder of the South African Community Movement. Photo: Nicolas Zaal

Residents can rest assured that there will be no violence from members of this movement, the group said.

Mokgosi added that the organization would also work with the Ministry of Health and Home Affairs.

“We want to make this a national movement because it’s a problem across the country,” she said.

“Even here in Ferndale we are aware of properties that have been taken over by criminals, many of them [allegedly] illegal immigrants who used them as a base of operations.

Mokgosi was the ANC’s candidate for ward councilor in Ward 102 in the last local elections, but stressed that this move was not political.

The group can be followed on its Facebook page

Related article:

Residents encouraged to increase blood supply

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Can a homeowners association be required to cut down a tree? Ask the Lawyer – Orange County Register https://sahara-acaps.org/can-a-homeowners-association-be-required-to-cut-down-a-tree-ask-the-lawyer-orange-county-register/ Tue, 29 Mar 2022 07:00:00 +0000 https://sahara-acaps.org/can-a-homeowners-association-be-required-to-cut-down-a-tree-ask-the-lawyer-orange-county-register/ Q: We are members of a homeowners association. Our patio, which our dog frequents, has leaves and berries falling from a nearby tree (part of the common area). Our dog got sick several times and we were told by our vet that the leaves and berries of the tree can be toxic to dogs. Should […]]]>

Q: We are members of a homeowners association. Our patio, which our dog frequents, has leaves and berries falling from a nearby tree (part of the common area). Our dog got sick several times and we were told by our vet that the leaves and berries of the tree can be toxic to dogs. Should the association be required to remove the tree?

YB, Ventura

Ron Sokol

A: The association is responsible for maintaining the landscape of the common area. If the tree is toxic to your dog, I don’t understand how the association can justify leaving it there. Is your dog the only animal that got sick? Pruning won’t avoid all the droppings, will it? More information on the tree would be helpful.

The circumstances you describe are worrying. California Penal Code Section 596 makes it a misdemeanor to knowingly poison someone’s pet. Either way, it seems that the quiet enjoyment of your home is negatively affected by this tree. If so, it may constitute a nuisance, which may require an injunction and damages.

Consult a qualified attorney to help you, which includes determining if there are any actions you need to take under the association’s rules and if “alternative dispute resolution” is necessary. California homeowners association law (the Davis Stirling Act), for example, may require an ADR with the association before you can sue.

Q: During a windstorm, a large tree adjacent to our house fell, causing so much damage that we had to move. We live in a condominium and the tree was part of the common area. The association is slow to make the repairs and we are forced to live in temporary accommodation, which is not suitable. An arborist told us that the wind may have been a factor in the tree’s fall, but the tree itself was dangerous and shouldn’t have been there. Is the association responsible?

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Can a homeowners association be required to cut down a tree? ask the lawyer https://sahara-acaps.org/can-a-homeowners-association-be-required-to-cut-down-a-tree-ask-the-lawyer/ Tue, 29 Mar 2022 07:00:00 +0000 https://sahara-acaps.org/can-a-homeowners-association-be-required-to-cut-down-a-tree-ask-the-lawyer/ Q: We are members of a homeowners association. Our patio, which our dog frequents, has leaves and berries falling from a nearby tree (part of the common area). Our dog got sick several times and we were told by our vet that the leaves and berries of the tree can be toxic to dogs. Should […]]]>

Q: We are members of a homeowners association. Our patio, which our dog frequents, has leaves and berries falling from a nearby tree (part of the common area). Our dog got sick several times and we were told by our vet that the leaves and berries of the tree can be toxic to dogs. Should the association be required to remove the tree?

YB, Ventura

Ron Sokol

A: The association is responsible for maintaining the landscape of the common area. If the tree is toxic to your dog, I don’t understand how the association can justify leaving it there. Is your dog the only animal that got sick? Pruning won’t avoid all the droppings, will it? More information on the tree would be helpful.

The circumstances you describe are worrying. California Penal Code Section 596 makes it a misdemeanor to knowingly poison someone’s pet. Either way, it seems that the quiet enjoyment of your home is negatively affected by this tree. If so, it may constitute a nuisance, which may require an injunction and damages.

Consult a qualified attorney to help you, which includes determining if there are any actions you need to take under the association’s rules and if “alternative dispute resolution” is necessary. California homeowners association law (the Davis Stirling Act), for example, may require an ADR with the association before you can sue.

Q: During a windstorm, a large tree adjacent to our house fell, causing so much damage that we had to move. We live in a condominium and the tree was part of the common area. The association is slow to make the repairs and we are forced to live in temporary accommodation, which is not suitable. An arborist told us that the wind may have been a factor in the tree’s fall, but the tree itself was dangerous and shouldn’t have been there. Is the association responsible?

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