A homeowner says the developer installed a fence back in 1989. Now the association says it’s in the wrong place and has to be moved, meaning seven palm trees have to be cut down. Or do they? It’s why a call went out to Help Me Howard with Patrick Fraser.
   

Tanya Kraus: “The trees would have to be removed. I do not want to remove the trees.”

Tanya can’t believe the association wants her to chop down seven palm trees.

Tanya Kraus: “We love our trees. We have beautiful palm trees.”

Tanya had a suggestion: let the fence stay in the same spot where it’s been.

Tanya Kraus: “I’d be willing to pay for it. I’ll pay for the fence. Just leave me alone, leave the trees alone.”

The L’Etoile board said no.

Tanya had another idea.

Tanya Kraus: “And I’ve asked, ‘Could I purchase ithe land?’ [They said] no. They want their two feet of land back.”

A tiny strip of property the association never knew they owned … and seven trees cut down to get what the board wants. Yep, it’s chaotic.

Tanya Kraus: “And I think they’re just trying to be a bully. I mean, it’s just really ridiculous.”

Since property disputes are so complicated, we asked Kevin Kennedy, a well-respected attorney who normally represents associations, to help Tanya. He agreed to do it for a small fee.

Kevin Kennedy, KSN Law: “We actually worked out almost everything with the association.”

Kevin and the association’s attorney worked out a deal where Tanya would pay for the new fence and leave it where it is.

Kevin Kennedy: “The board decided, ‘We’re going to renege on this,’ and we’re going to say, ‘Mr. and Mrs. Kraus, unless you pay us our $1,500 in legal fees that we’ve now incurred…'”

Kevin pointed out page 23 in homeowners documents, where he says the documents reveal the association has to pay to replace the fence and cannot move it onto Tanya’s property.

Kevin Kennedy: “This is how it was developed by the developer, and based on the language in the deck, that they’re going to have to repair it or replace it where it’s currently situated. I don’t think that they even understand that this is their maintenance responsibility at this point.”

The board then hired a new attorney.

Greg Eisenger disagrees with Kevin. He reads the same documents and believes Tanya has to replace the fence and put it on her property.

Howard, play the judge. Who’s right if this goes to court?

Howard Finkelstein, 7News legal expert: “After reading the association’s documents, I think Tanya wins. If the board doesn’t agree, they have to go mediation. If nothing can be worked out there, a court trial could be expensive, and if Tanya wins, the homeowners association has to pay their lawyer and Tanya’s legal fees as well. So they need to work this out.”

Tanya Kraus: “It’s two years, too ridiculous.”

Now we wait to see who pays for the fence, if the palm trees survive, and the chaos ends.

Tanya Kraus: “I wish I could tell you they would be reasonable, but I really don’t have any high hopes for that.”

Whether it’s in mediation or in trial, we’ll let you know what happens in this unusual battle.

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