PLEASE HELP! Tree service and HOA (lawyer, home, landscaping)

[BIGBIGGIRL]

During the storm, a tree in my backyard split in the middle. It was in bad shape and needed to be cut down. It is on the so-called protected area (basically I cannot do anything to this part of land) and I was told that I cannot cut down any trees and have to get it approved first if I want any tree removed.

So I called HOA on Monday morning to get it approved. I was surprised that HOA said it was on their property so they would cut it down at their cost. I told them that if I was going to be charged for this, please let me know first before cutting it down because I could find someone cheaper. HOA said tree guy knows the property very well and he would take care of it.

HOA sent tree guy Monday night and tree guy said he would take care of it and I told him again if I was to be billed, don't do it and let me know first. HOA called me again Monday night confirming it with me and tree guy called too. On Tuesday the tree was gone.

A week passed. This Monday, I got a call from HOA saying tree guy made a mistake and it was on my property and I have to pay the $2000 bill. I told them no I never authorized anyone to cut it down if I have to pay for it and I never called the tree guy myself to come over there. It now seems that HOA is not going to pay the guy and the guy is going to bill me for this.

By the way, I didn't sign anything and HOA cut down dead trees in the same area a few yards from this tree at their cost. Do I have to go to court for this? I am worried about HOA putting a lien or the tree guy sending the bill to collection. Should I go to court and sue both of them if I receive a bill?

Thank you.

[Lemming95]

I can't help but want to say I'm soooo sorry.I hate HOA dictators too*babbling and foaming at the mouth).

Yes lawyer up, the tree trimmer should be able to testify that the HOA hired him not you.

[BIGBIGGIRL]

Originally Posted by Lemming95

I can't help but want to say I'm soooo sorry.I hate HOA dictators too*babbling and foaming at the mouth).

Yes lawyer up, the tree trimmer should be able to testify that the HOA hired him not you.

The issue was if I pay out of my pocket I can find someone who is a lot cheaper. They made a mistake and they should be responsible for it instead of throwing the $2000 bill at me

[Woodlands]

My first question is.. did you send anything to the HOA in writting and did they send you anything in writting before the work took place? Secondly, I am not sure what reputable contractor would do work of this magnitude without a contract..If he has a contract.. who signed it? That should be who pays.. If no one signed it and there was not contract.. I dont see how he can charge you for work that you did not authorize on your property. I am surprised that the HOA did not come out and verify where the tree was in relation to the common area.. For them to say "the tree guy made a mistake" seems like an attempt to deflect doing their own due diligence.. How would the tree guy know where the property lines were..that would be up to whomever contacted them to share......I would definately consult an attorney.. An alternative would be for you to split the cost with the HOA if you feel that $1000 ( and equal to the price you would have paid someone anyway) is worth paying for this issue to go away why they cover the other half.....

[BIGBIGGIRL]

Originally Posted by Woodlands

My first question is.. did you send anything to the HOA in writting and did they send you anything in writting before the work took place? Secondly, I am not sure what reputable contractor would do work of this magnitude without a contract..If he has a contract.. who signed it? That should be who pays.. If no one signed it and there was not contract.. I dont see how he can charge you for work that you did not authorize on your property. I am surprised that the HOA did not come out and verify where the tree was in relation to the common area.. For them to say "the tree guy made a mistake" seems like an attempt to deflect doing their own due diligence.. How would the tree guy know where the property lines were..that would be up to whomever contacted them to share......I would definately consult an attorney.. An alternative would be for you to split the cost with the HOA if you feel that $1000 ( and equal to the price you would have paid someone anyway) is worth paying for this issue to go away why they cover the other half.....

1)
No there is no writing as far as I know or at least I didn't see or sign anything because HOA originally said tree is on their property and they will take care of it(using their own contractor I believe)
2)
The tree guy works with HOA. He is HOA's contractor. He cut down a lot of dead trees a month ago in my community(one of the dead trees they cut down was in my backyard several yards away from this cracked tree). I guess he has some kind of working relationship or contract with HOA. HOA sent him over, not me. I didn't sign anything. He said HOA would take care of this but a week later HOA said tree guy made a mistake that the tree was on my property not HOA's, and HOA asked me to pay tree guy $2000.

What makes me want to sue them is that they wanted me to pay for their mistake. If I have to pay, I would shop around and find cheaper one.

[cully]

Well, first, sorry.

Second, always in writing from now on regarding anything.

Now, start a timeline immediately, referring back to the beginning when the tree fell. Precise records can look good. Times of calls, etc.

Sometimes we get mired in a thing. So, step back and change perspective. Kind of forget the idea of hoa board and contractor and you all together in a murky situation. (At least one perspective, see how it goes.) Yes, they are out to get you and out to line their pockets but perhaps a change of perspective might help you. Think of them for now as separate entities not all tied up in a murky ball with you.

You take the lead as someone who has been damaged by a contractor.

Imagine a neighbor hiring someone to go on your property to cut down your tree. Some nerve.

And how about a tree guy trespassing on your property to cut down your tree.

Check for any damage this trespasser did to your property. Nicks? Oil spill in the driveway? Paint rubbed on a gate?

Call the sheriff/police and inform them a tree company came on your property and cut down a tree. Notify them of any damage. If they can send someone over, all the better. Follow up with a thank you email stating what was said in your call.

Tell the HOA you are not paying a contractor you have no bill for. Tell them they cannot honestly think you would pay that amount since your own tree guy would charge less. Say lightheartedly that if you didn't know better you would think they were in cohoots with each other. Follow up with an email confirming what was said in the call. (Copy of managment company if there is any.) Mention any goodies the sheriff/police may have told you.

When/if you get a bill from the contractor you need to write, email the tree guy stating you have been informed he trespassed on your property. Inform him you have called the police/sheriff etc etc. Inform him you did not ask him on your property.

Get an estimate from your preferred guy and only when it all settles down, debate back and forth and perhaps eventually pay him that much minus any damage he caused to your property. (I say when things settle because you don't want to pay now and he'll consider it partial payment and it'll look like you are trying to make payments)

[NJ2MDdude]

Originally Posted by BIGBIGGIRL

The issue was if I pay out of my pocket I can find someone who is a lot cheaper. They made a mistake and they should be responsible for it instead of throwing the $2000 bill at me

Are you sure you could've found a tree removal service to take down a damaged for less? You should've gotten an estimate and thrown it at HOA, claiming that your liability was limited to the estimate you were given.

[MidValleyDad]

I agree with most of what cully recommended but I don't think I would involve the Sheriff or police. It may be hard to get another tree company to give you an estimate 'after the fact' since they know there is no work for them and they probably don't want to get drug into a drawn out affair that doesn't give them any paying business.

But part of the lesson is that you should know the boundries of your property. You shouldn't have to depend on someone else to tell you where your property ends. 'A few yards' is a large distance in property terms

Out of curiosity how big was this tree? Did they grind the roots out (That almost doubles the cost of tree removal)

[bande1102]

Ditto what the others say. Might also want to consider hiring a surveyor to determine precisely where your property lines are.

[cully]

If you told the hoa you could (not might) find someone cheaper you must know that. So perhaps it was a friend or acquaintance who has been to your home and knows your landscaping already.

To look from the perspective of trespass/criminal trespass you'd need some sort of communication with law enforcement.