Can I stop my twnhome assoc from doing something that would cause me economic harm?

Question

The back of my very small 30 yr old townhome faces directly west. There are rows of homes both on the left and the right. A small community pool is steps from our patios. The sidewalk and common area around the pool need repair. The management wants to take out all of the trees around this area, not because they are damaging the pool or water system, but they cite safety and maintenance concerns. The trees are very tall, mostly white oak. All are healthy and pose no other problems. If they take them down it will allow the full afternoon sun to bear down on my home and the tight quarters in this area will make the heat and my utilities increase substantially. And losing all the trees behind my home will affect its resale value. The pool is only open to the townhome residents 3 months out of the year. The other 9 months it is covered and collects water and debris and is not cleaned. Do I have any recourse to stop them if we cannot find an alternate solution?

Answer 1

Have you been attending any of the meetings? Have you talked to your neighbors if they are in the same situation?

That's what I would do, is talk with your neighbors who feel the same way that you do. If there are a few people concerned about it, then go or meet the community president and discuss this issue. Perhaps that may sway their decision. The association has certain procedures to follow if a community member(s) bring up new business. I encourage you to talk to your neighbors who feel the same way as you do and go to the meetings and bring up new business. If you don't inform the board, they don't know how you feel. They're not mind readers.

Keep in mind, even if you talk to them, they may rule against you, so be prepared. Then perhaps brining legal action might help.

Remember, the board thinks what is best for the community. The old say goes, "the needs of the many outweighs the needs of the few."

Good luck

Perhaps purpose that the board get rid of the pool since there is a community pool near buy. Maintaing the pool is expensive, and is a chore to keep it clean and safe for the neighborhood. Plus you can say there is a liability if someones kid or person who visits the neighborhood drowns. Instead, see if they could put a small park area or a playground of some sort. Convince them the trees are a value to the community, not for you, but it brings asthesics to the community.

There are always options avaiable.

Answer 2

It only takes a small amount of money to file a lawsuit at your local courthouse. File a lawsuit asking a judge to stop them because it would devalue your home. See if they want to fight it. You can always drop the case. You do not even need a lawyer. I am not saying you would win but the threat of legal action often makes others more willing to compromise..