An association had a large “pond” as part of its common elements, which was surrounded by various vegetation and small willow trees. An adjoining landowner had an easement granted by the original developer to run a drainage pipe through the common elements to the pond to assist in the drainage of his property. The owner unilaterally removed several willow trees and a substantial amount of the vegetation without the association board approval. The owner claimed the willow trees were interfering with his drainage and he was entitled to remove them pursuant to the easement. Kaman & Cusimano initiated a lawsuit against the property owner alleging trespass, violation of the easement and seeking ejectment and compensatory damages for the lost willow trees, as well as attorneys’ fees, asserting that the owner’s actions went substantially beyond the terms of the easement. As a result of the lawsuit, Kaman & Cusimano not only obtained compensation for the lost willow trees and vegetation, but also recovered $5,000.00 for the association attorneys’ fees.
Successfully resolved a lawsuit against an adjacent property owner for improperly removing trees and other vegetation from the association’s common elements.
Jeffrey Kaman
Jeffrey E. Kaman is the Administration Department and Columbus Office Chairs. Jeff earned his law degree from the Cleveland Marshall College of Law, after graduating with honors from Loyola University Chicago with degrees in Honors History and Political Science.
All Blog Posts
Categories
Recent blog Posts
Winter Weather Reminders for Community Associations
As we deal with extreme winter weather, community association boards are dealing with challenges that come with snow, ice, ...
Read More →
What Happens If Your Annual Meeting Lacks Quorum?
Annual meetings are the cornerstone of association governance. They are where owners elect board members, review ...
Read More →
2026 Resolutions to Help Your Board Build a Stronger, Better-Run Community
As 2026 begins, community association managers and board members have a valuable opportunity to reset expectations and ...
Read More →
L.H. Hipshire v. Oakwood Village: Why Ohio’s Supreme Court Dog Bite Case Matters for Community Associations?
The Ohio Supreme Court is currently weighing a case, which may have significant implications for condominium and homeowner ...
Read More →