Q. One of the Associations most frequently asked questions by homeowners is,“Why doesn't the Association enforce the deed restriction against placing trash at the curb early? We place our trash at the curb the night before collection day, but many of our neighbors do not.”
A. The primary reason the the Association does not enforce the restriction is that there are no Village deed restrictions that address trash collection. Trash collection is covered by a County Ordinance. Collection services are provided to all County residents of detached single-family units and, with some limited exceptions, to Townhome subdivisions. All these Village homeowners receive the service and are billed on their residential property tax bills each year for solid waste disposal and collection. Enforcement of the collection restrictions is the responsibility of County Solid Waste at 813-272-5680.
The Association does not have any authority to enforce these restrictions. In the Village, collection services and rules are as follows:
Q. Dan, we live in the village and a neighbor’s tree encroaches into our property. The size of the tree and the extent of the encroachment poses a serious risk to our home should it topple in a storm. A letter and call to the homeowner have not been responded to. I wanted to know if I had the right to remedy the situation by hiring an arborist and/or tree surgeon to trim it back. I also wanted to know if the neighbor would be responsible for that bill. Finally could his property be liened for the amount of the bill. I will continue to try and resolve this without these remedies but wanted to know in advance what leverage I might have in the discussions should it come to that.
A. This is very appropriate question now that we are in the hurricane season.
Although Florida Statute prohibits Community Association Managers from practicing law and your question is a legal question, I can provide my experience during recent hurricanes. Insurance companies have advised me that you have the right to cut any part of a tree that overhangs your property, but the owner of the tree is not responsible for the bill which makes the lien question moot. Also, if the tree or any part of the tree is dead and you warn the neighbor of its potential danger, you could have a claim against the neighbor if the tree or branches cause damage to your property. However, in most cases any damage caused by a healthy tree is considered an act of god. You should confirm this insurance interpretation of the law with your own insurance company and attorney.
Also, if you decide to cut the tree you have to contact the
County to determine if a County permit is needed. A permit is
based on the type, size and amount of the tree removed. The
County can levy a fine if a permit is not obtained.