Can Removing A Tree Get You In Trouble?

Can Removal of a Tree Get you in Trouble

Can Removing a Tree Get you in Trouble? Property owners are sometime faced with the need to remove a tree from their property. This is more true for the individual property owner in the HOA setting than in a condo community, however, the Board of Directors for a condo association may face this situation. Traditionally, such a task involved having to deal with the local city or county government ordinances, which can be very restrictive and expensive with which to comply.

Removal of a tree from your condo or homeowner’s community can be a daunting task but thanks to a new Florida Law it’s become much easier. Florida Statute 163.045 now allows for the removal of a tree on residential property without a permit from the government if the owner has documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. While obtaining this documentation from one of these experts may seem daunting in itself, hopefully it will not be as daunting as having to deal with your local city or county government, which usually is not an easy task. Even if you can eventually obtain the governmental authority’s permission to remove a tree, there is usually a requirement to then replace the tree, sometimes with more trees than you removed! The even better news is that the new law exempts you from having to replace the removed tree, so it might be worth the effort to obtain the expert opinion as opposed to dealing with the government.

So the answer to Can Removing a Tree Get You in Trouble is yes, unless you follow the new law. Contact Ferrer Law Group, if you find yourself in this situation, as we may be able to help.

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