JordanReich
Junior Member
What is the name of your state (only U.S. law)?
I'm in Oregon
Complaint
I will do my best to explain the following in an order that makes the most sense.
We purchased a Condo in a community controlled by an HOA board sometime prior to 2006. I don't have the exact date as of this moment. My brother originally lived in the house prior and now I live in the house. The house was purchased while we attend college with the intent of selling it off afterwards. My father, my brother, and I are all owners of this property.
A tree was planted in the back yard in 2006. A letter was sent to the HOA Board asking for permission to plant this tree in the backyard. The HOA approved the planting of this tree in 2006 and the tree was also planted in 2006. From 2006 to 2010 there were no problems that arose from the growth, existence, or location of the tree.
In December of 2010, the HOA board decided to cut down the tree in the backyard, without notice or permission. The HOA Board president claims that he attempted to contact us prior to the removal of the tree. However, we were not home at the time, which could be the case and or could not be the case. I have no way of verifying if he did in fact knock on the door or not. However, he never attempted to contact myself, my brother, or my father by phone nor did he hold off on the cutting of the tree until such a time in which he could speak to one of us. His claim was that the tree had to be removed in order to allow the installation of a satellite dish. By law they cannot prohibit the installation of a satellite dish. However, they refused to have the dish put in locations that would have allowed a signal opting for a location in the backyard that required the tree to be removed.
The HOA Board did not even attempt to contact us even after the tree had been removed. It was only to my surprise of a missing tree and my personal contact of the HOA Board that made it clear that they had in fact removed the tree. After pricing the cost of a relatively 5 year old tree with a 3.5" stump it came to a cost of relatively $1200.00 to get a tree of equal size and make. When we contacted the HOA board about the complete and blatant disregard on their part they notified us that they would be willing to reimburse us the original $80.00 of the tree but not a dime more.
They made the claim that they paid to water the tree (which is not true I fund the HOA $167.00 now $175.00 a month including the cost of the water). They also claim that it was planted on HOA property. The rules state that we own the property from the front studs to the rear studs of the house and that the HOA itself owns the property. However, I made the claim that even though the HOA owns the property for example the parking lot and I park my car there. If they were to destroy my car I would still expect them to reimburse me the cost of the property whether it was located on their property or not. Whether the tree was planted on their property or not it was with their permission and we paid and planted the tree.
It was removed without notice, and there was no attempt to contact us afterwards. There was no attempt to work towards a solution that would be amicable for both parties. They simply offered the quick $80.00 reimbursement and figured that they would be done with it.
Basically I'm just looking for some general feedback. Oregon laws that might site actions such as this as well as who might be responsible what actions could be taken and just any general information you might have.
Appreciate your time and response!
I'm in Oregon
Complaint
I will do my best to explain the following in an order that makes the most sense.
We purchased a Condo in a community controlled by an HOA board sometime prior to 2006. I don't have the exact date as of this moment. My brother originally lived in the house prior and now I live in the house. The house was purchased while we attend college with the intent of selling it off afterwards. My father, my brother, and I are all owners of this property.
A tree was planted in the back yard in 2006. A letter was sent to the HOA Board asking for permission to plant this tree in the backyard. The HOA approved the planting of this tree in 2006 and the tree was also planted in 2006. From 2006 to 2010 there were no problems that arose from the growth, existence, or location of the tree.
In December of 2010, the HOA board decided to cut down the tree in the backyard, without notice or permission. The HOA Board president claims that he attempted to contact us prior to the removal of the tree. However, we were not home at the time, which could be the case and or could not be the case. I have no way of verifying if he did in fact knock on the door or not. However, he never attempted to contact myself, my brother, or my father by phone nor did he hold off on the cutting of the tree until such a time in which he could speak to one of us. His claim was that the tree had to be removed in order to allow the installation of a satellite dish. By law they cannot prohibit the installation of a satellite dish. However, they refused to have the dish put in locations that would have allowed a signal opting for a location in the backyard that required the tree to be removed.
The HOA Board did not even attempt to contact us even after the tree had been removed. It was only to my surprise of a missing tree and my personal contact of the HOA Board that made it clear that they had in fact removed the tree. After pricing the cost of a relatively 5 year old tree with a 3.5" stump it came to a cost of relatively $1200.00 to get a tree of equal size and make. When we contacted the HOA board about the complete and blatant disregard on their part they notified us that they would be willing to reimburse us the original $80.00 of the tree but not a dime more.
They made the claim that they paid to water the tree (which is not true I fund the HOA $167.00 now $175.00 a month including the cost of the water). They also claim that it was planted on HOA property. The rules state that we own the property from the front studs to the rear studs of the house and that the HOA itself owns the property. However, I made the claim that even though the HOA owns the property for example the parking lot and I park my car there. If they were to destroy my car I would still expect them to reimburse me the cost of the property whether it was located on their property or not. Whether the tree was planted on their property or not it was with their permission and we paid and planted the tree.
It was removed without notice, and there was no attempt to contact us afterwards. There was no attempt to work towards a solution that would be amicable for both parties. They simply offered the quick $80.00 reimbursement and figured that they would be done with it.
Basically I'm just looking for some general feedback. Oregon laws that might site actions such as this as well as who might be responsible what actions could be taken and just any general information you might have.
Appreciate your time and response!