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Kristiadams
05-20-2006, 12:22 PM
We live in Atlanta, Georgia. We have a huge oak tree just inside our back property line. The area behind our house is the common area of the neighborhood which is kept up by the Homeowners' Association. A couple of years ago a tree in that common area was partially blown down during a storm, was uprooted and now leans on our large oak. It is actually being supported by our tree. We'd like the leaning tree to be removed but the president of the homeowners association has said he's not responsible. We believe this tree is causing a hazard to 1) our children, 2) our property and 3) our tree. The leaning tree is in the direct path of water flow from a head wall and into the neighborhood retention pond. We feel this tree is obstructing water flow into the detention pond and also causing a hazard. We'd like it handled by the homeowners' association. Do we have any legal rights?

elklaw
05-30-2006, 06:05 AM
I suggest that you look over the HOA association bylaws and be prepared to sue them to remove a tree on your property as you cannot remove the tree since it is on common property.

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