Sources for this posting are: * Richard Fields, City of Sunrise Code Enforcement, Direct Phone Number:
954-572-2312. * Supreme Court Ruling Case, Gallo v Heller, 12/07/2004. * American Common Law.
* “Neighbor Law 5th Edition” by Cora Jordan, attorney and mediator.
Trees Bushes and Hedges that border public and private property lines. NPMA Declaration and By-Laws do not address trimming and we do not have covenants-conditions and restrictions (CC&R’s) on owners deeds. Since July 1, 1988, when NPMA was created, all board members to date have not been involved in trimming trees or bushes bordering public or private property. The issue was addressed at our last meeting, 5/12/15, and the officers reaffirmed that we follow past boards actions. Richard Fields agrees that it is the prerogative of the board and not the responsibility. This trimming is covered under “American Common Law” and as Richard Fields says, “City Code is superseded by American Common Law so it is not addressed in City Code.” Arborists direction is addressed. Under “The Right of Self-Help” *Can trim only up to the boundary line. *Needs Permission to enter the owners property unless the limbs threaten to cause imminent and grave harm. *May not cut down the tree itself. *Cannot injure the tree by the trimming.
Homeowner or hired help can get Arborists direction from City of Sunrise for trimming of trees on private property. If hired be sure they are licensed and Arborist trained.
The Gallo v Heller was a Florida Landmark Case affirming, “The Right of Self-Help.” To read summery go to: www.floridaisa.org Under publications select Florida Arborist Newsletter. Select Summer 05. Scroll down to page 14.
