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Seeing Red Over Green Fungus On Hedge

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By RICHARD WHITE

Tribune correspondent

Published: January 4, 2009

There is a common area privacy hedge behind my home that has been attacked by a fungus. Many plants have died. The hedge was a barrier for both privacy and sound from the boulevard that my home borders. I have sent several letters to the board about the problem, and they have been disregarded. Nothing has been done to address the fungus or repair the hedge. I feel that it lowers the value of my home.

Any suggestions you may have will be greatly helpful. Also, if I engage an attorney, who pays the legal costs? If the matter goes to court, who would be responsible for all the legal and court costs - the prevailing party or each party? Are you able to put pressure on my association's board to replace the hedge?

DP

Sun City

I receive many letters from readers asking me to take action. Since I am a third party outside of your association, I have no power to solve problems. I cannot provide legal advice or interpretations in this column. What I do provide is advice, recommendations and solutions to operational and maintenance problems. In addition, I share sources of information that can help save money or improve safety and operations.

As to your problem, you would need to determine whether legal action is necessary and then talk to an attorney about who pays. My guess is that you will find that the legal costs will far exceed the cost of replacing the hedge. It may be better for you to tell the board that if they do not fix the problem, then you will take action to replace the hedge. While you cannot charge the association with the expense, maybe there are affected neighbors who would be willing to help by working together and sharing the costs involved.

I would make sure that the board discusses the problem at its next board meeting.

Our homeowner association documents say that members cannot vote in an election if they have not paid their HOA dues. We have a person who has not paid and wants to be president of the association. Our docs have no ruling as to who can and cannot be an officer. Common sense seems to me that if one does not pay dues, one certainly could not be president.

Can you provide suggestions on this situation?

NA

Naples

If your association has so few volunteers for the board, you have far greater problems and may find that he will be elected. Keep in mind that the association members do not elect the officers, only the directors. He must first be elected as a director and then the directors elect the officers.

The simple answer is that if your members elect him, and the directors elect him as the president, something is really wrong. Has the board placed a lien on his home, and when will they start foreclosure action?

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115; or e-mail

camquestion@cfl.rr.com.

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