Page 5 - Boca ViewPointe - April '22

April 2022 Viewpointe, Page 5
Pending Legislation Regarding Tree Removal

Affecting Community Associations

With the 2022 legislative session ending on March association to remove or otherwise deal with dangerous purposes. Therefore, under the new law, if it were to go
11th, very few pending association-related bills were trees in the common areas, such as street trees, that pose into effect, trees located on the association’s common
passed this year. However, one very important bill relating a danger to the community. It would allow the association property would not be eligible for this exception and
to tree removal for community associations was passed to remove these trees without having to go through the would have to go through the permitting and approval
and now awaits the Governor’s signature. If signed into extensive permitting and approval process required by process with the city and/or county in which the tree is
law, it will likely have an adverse effect on condominium the applicable cities or counties. While we have been located.
and homeowners associations. advised that some counties are interpreting the term We understand that several groups that advocate on
As many may recall, in previous sessions, the legislature “residential property” to only relate to individual single behalf of community associations are currently lobbying
enacted a law to provide that a local government, such as family homes and individual lots within an association the Governor’s office to veto this pending legislation.
a city or county, may not require applications, permits (not common areas), we have taken the position that the However, if it is signed by the Governor or otherwise
or other approval processes for the pruning, trimming or law, as currently drafted, would allow an association to goes into effect, it will be law as of July 1, 2022.
removal of a tree on “residential property” if the owner address these types of trees in the common areas. Therefore, if your association is considering removing
of the property provides documentation from an arborist However, the pending bill that is awaiting the or otherwise maintaining trees that may pose a risk to
or licensed landscape architect that the tree presents a Governor’s signature specifically defines “residential the community and its residents, it is important that you
danger to persons or property. Many associations have property” to mean a single family or detached building consult with association counsel to determine your rights
been operating under the premise that this law allows an located on a lot used for single family residential and remedies, and whether or not you may need to go
through any applicable permitting or approval processes.

Board Of Directors Sachs Sax Caplan, Steve Rappaport 

May 2021 – May 2022 Officers/Executive Committee

Chairman and President Barry J. Haberman District 5 Howard Weinstein (El Dorado)
Vice Chair Steve Retzer Esplanada, Caravelle, Palomar, La Corniche,
Secretary Steve King and El Dorado
Treasurer Harvey Kaplan District 6 Connie Murray (Villa Flora)
Villa Flora, Montego Bay, Villa Del Sol, and Palladium
District Directors District 7 Alan Markoff (The Plum)
District 1 Mary Ann Frazier (Palms) The Plum/Cortina, Villa Sonrisa and Pointe 100
Encantada, Valencia and The Palms District 8 Robert Cornell (Costa Brava)
District 2 Steve King (Imperial Royale) Costa Del Sol and Costa Brava
Promenade, Imperial Royale, Imperial, Regency District 9 Robin Gliboff (Edgewater)
and Panaché Edgewater Pointe Estates and Stratford Court
District 3 Harvey Kaplan (Meridiana)
La Mirada and Meridiana At Large Directors
District 4 Michael Ehrentreu (El Viento)
El Viento, La Paz, and Southwinds Through 2022 Through 2023
Chandra Stewart-Keith (Panaché) Barry J. Haberman (Encantada)
Bob Greenstein (Lakes of La Paz) Marvin Lazarowitz (Villa Del Sol)
Steve Retzer (La Mirada) Carsten Bethge (Valencia)

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