Association should prune trees

Q: Behind our house, the association has numerous large trees in the common grounds. These trees overhang our backyard and are a constant source of debris, pods and pollen depending upon the time of year.

The association had to remove these trees in several areas as they uplifted the rear walls. They were replaced with palms.

I have written the association requesting that they remove these trees, prune them out of our yard and have even offered to pay to have them removed.

We cannot get a response. Meanwhile, my backyard requires constant cleaning due to the trees.

What are my options? Can I remove the trees and when the association complains simply replace them with the flowering plums that they use in other areas? Should I pay to have the trees pruned out of my yard and send them the bill?

A: The association absolutely has a responsibility to maintain these trees, either by removing and replacing them with other trees that are not so intrusive or by proper maintenance, such as the trimming and pruning of the existing trees.

You do not want to remove the trees from the common area. That could just leave you with more problems with the association as you would probably receive a violation letter from them.

You need to send one more letter, return receipt requested, whereby you present the issue to the board and offer them choices.

In the letter, you need to give the board a definite deadline for them to respond before you would take any action. In your letter inform the board that if they do not take any action that your landscaper will trim or prune the trees and that a bill will be sent to the association for reimbursement.

You should ask your landscaper what is the estimated cost so that this expense could be included in your letter.

If you must follow this plan of action and if the association does not reimburse you, file an action in small claims court. If you have to go to court your letter becomes an important part of your documentation to the court concerning your case.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q.&A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759, or she can be reached by e-mail at support@hlrealty.com.