Last month I posted this related issue in the below link and got a lot of helpful answers. I'm back again because I got a threatening email from the HOA as described below. Can you please let me know your thoughts on what you would do if you were in this situation?
I'd like to share that English is my 2nd language and I'm not capable of responding to the HOA/ neighbor in a lawyer's vocabulary. I can only keep it simple.
https://www.biggerpockets.com/...
Here we go. Back story: HOA said the gate on both sides of the fence can't close properly. The neighbor then said they want me to remove all the 9 trees along the fence and replace the gate at my own costs. After reading BP's opinions I decided to give the neighbor 2 options. 1) I'll remove 2 trees and replace 2 portions of the fence where the 2 trees are touching it or 2) if the neighbor pitches in 50% for the fence cost I'll remove all 9 trees.
The neighbor went to HOA and complained about safety and rights of enjoyment. HOA wrote to me that they hired 3 fence vendors to thoroughly investigate and extensively analyze the issues. Their findings are the gate is leaning over to the neighbor's side due to the pressure from these roots. Three vendors have confirmed that the operability and safety of both gates leading to the common area are both impacted by the lean being caused by the 9 trees planted along the fence. The fence is structurally unsafe and must be removed in its entirety due to damage caused by 9 large, mature trees planted directly against the fence line. They demand the trees need to be gone and the fence needs to be replaced. HOA said, "given the urgency, they need my confirmation to agree to do the 2 things by June 1st.". I received it today Friday 5/27 at 3 pm. If I don't confirm that I'll replace the fence and remove the trees, they will hire an engineering firm to do an investigation and will charge me the fee ($1000) for the report and investigation. They said they will not share the findings from the three vendors unless it's asked in litigation.
The HOA email is very long and they address a lot more things that make them draw the conclusion that I'm at fault.
First, this is the fence between my property and the neighbor. I truly believe HOA is stepping over the boundary but they said they maintain the safety of residences. Second, I feel my hands are tied and have not been given any other options or more time. My insurance had sent adjusters to look into this a month ago, took a lot of pictures and insurance confirmed that the fence was straight and can't confirm any root damages. They ended the claim. HOA got that letter as well (neighbor forwarded).
Does HOA have the right to charge me the fee if they hire an engineering firm for their own investigation? If not how do I dispute that if they proceed?
Having said this, pursuing litigation will probably cost me more than replacing the fence ($5000) and removing the trees ($4000). I believe I still have to take care of the trees (cut or remove them) even if I pursue litigation. What are your thoughts about involving an attorney?
I felt being taken advantage but I don't know what the next step I should take. I could just comply but want to hear your thoughts on what my options are. The neighbor had said once the trees are removed, they will check if the roots have done any damage to their foundation. So I don't know if this will end even if I replace the fence and remove the trees.
Thank you for reading.
