Q: I live in a small condominium community. About five years ago, I planted an avocado pit in a common area landscape island in the parking lot, which has since grown to be a lovely tree. I came home yesterday and noticed one of the residents decided to cut it down on his own. Our condo docs are silent on this issue. Do I or the Association have any recourse for this terrible act? — JT

A: You do not, but your community association does.

Your neighbor who cut down the tree may face legal consequences if your association chooses to pursue the matter.

Even though you initially planted the seed, the tree was owned by your community because it was in the common area.

Unless your community’s documents or local ordinances say otherwise, landscaping maintenance is your association’s responsibility. This means your neighbor destroyed the association’s property without its consent.

Further, most association rules restrict residents from modifying common areas, so your neighbor violated a community rule.

To make matters worse, the tree’s removal may have violated your local tree protection ordinances. Many municipalities have strict rules regarding tree removal and often require a permit to be obtained before the tree can be cut down.

By removing the tree without getting permission, your association may face fines, which can vary depending on the size and type of the tree. Your municipality can also require the tree to be replaced.

Your neighbor may have had subjective justification for wanting the tree removed, such as avocados falling on his car, but this does not justify his unilateral action.

To address his grievance, he should have petitioned the board to have its tree removed.

Because he took matters into his own hands, your association may fine him and seek the replacement cost of the tree, as well as the cost of any fines levied by your local government.

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