A homeowner in Georgia was furious after discovering a crew hired by a homeowners association had entered their yard to prune their tree without notice or consent.
They shared the saga to the r/AskALawyer subreddit, wondering what they could possibly do for compensation. For starters, they noted their house predated the subdivision, and they weren't a member of the HOA.
Their neighbor apparently had complained about leaves from the sweet gum tree falling in their yard. The HOA then hired a crew to cut the tree without informing them, which infuriated the original poster.
"I repeatedly told them to get off of my property and to stop messing with the tree," the OP shared. "I had to call the cops to make them stop cutting at the tree."
Unfortunately, the OP's efforts were too little, too late. They assessed that the tree's condition was awful with "dead, broken, and cut branches." Those branches could cause property damage during hurricane season, or the tree could die entirely in their estimation.
Their early talks with lawyers hadn't been fruitful, so they asked the subreddit for help.
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Posters immediately directed them to head over to the r/treelaw subreddit.
One Reddit user synthesized what they expected that community to say. While the HOA could cut branches that extended onto the neighbor's property, they overstepped by entering their yard.
Another Redditor clarified that cutting branches outside of the property is allowed if it wouldn't "critically affect the health of the tree." They said the community would advise them to get a lawyer and hire an arborist to examine the tree and determine damages.
Overall, the scenario highlights ongoing concerns about property rights and the actions of HOAs. These organizations sometimes enforce rules that hinder sustainable practices. That could include imposing on trees that provide shade and comfort to both homeowners and local animals.
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It can also include restricting homeowners who want native lawns, which can benefit pollinators and save time and money while requiring less water.
Engaging with HOAs can be a productive way to address these situations. Given the HOA's rash actions and lack of communication in this instance, Reddit users wanted the homeowner to go the legal route.
"You likely have a nice lawsuit against your neighbor and the tree company," a user wrote.
"Move quickly as tree law is very specific and can incur some eye watering penalties for destruction of someone else's tree," a poster advised.
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