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Toppling Trees Made Fiduciary Sense

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* The Times is looking through rose-colored glasses when it suggests that the board at (Laguna Niguel’s condominium association) Potomac Landing was remiss in “secretly” electing to remove troublesome eucalyptus trees from common and restricted-common areas without a community forum (“Toppling Trees, and Harmony,” Editorial, April 15).

As a long-term resident of a community association and a board member, I assure you from experience that it is futile to expect concurrence and cooperation from many homeowners on any issue, no matter how inconsequential. Communal association living can bring out the worst in neighbors, and board members have a thankless task at hand for which they are not compensated. Clearly the board at Potomac Landing has a fiduciary responsibility to protect the “rights” of the hilltop owners who paid premiums for their views and who may therefore pay higher monthly dues assessments for this privilege.

The tree growth is a nuisance condition which evolved over time to the detriment of the original charter of the association. Had the trees not been removed, or appropriately shortened, the association would have had the responsibility to compensate the hilltop owners for their loss.

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The lower-elevation homeowners have no corresponding loss, since premiums were not paid. It was clearly a sound management decision to remove expensive-to-maintain and fire-hazardous eucalyptus trees, which also pose liability risks due to their tendency to drop heavy branches which can injure or kill people and damage property.

Threats of violence directed at the board should not be tolerated and I hope appropriate charges have been filed with law enforcement authorities.

Furthermore, the “would-be cowboy” who brandished his shotgun at tree cutters should have his weapons legally confiscated and be committed accordingly to psychiatric care.

“Aaah, paradise!”

WILLIAM T. (BILL) RYAN

Dana Point

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