Encroachment disputes, involving issues like tree trimming, view obstruction, and attempts to privatize common areas, are on the rise in HOA communities.
Key Points:
Resolutions can be created to address issues like view impairment, but must not conflict with existing Covenants, Conditions & Restrictions
Dispute resolution is a protected activity for homeowners
Courts have strengthened HOA powers to prevent homeowners from encroaching on common areas
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