WINK gets results: Cape Coral HOA agrees to fix tree problem

CAPE CORAL, Fla. (WINK)—A tree threatened to damage a pool cage at a woman's Cape Coral home, but she says it shouldn't be her problem because it's not on her property.

73-year-old Ligia Fleming has lived in her Cape Coral home for more than 30 years. She says it's been peaceful except for one thing—a tree tilted at a horizontal angle that sits just outside her property line on land owned by the Trafalgar Woods Homeowners Association.

"It will grow towards the pool cage, and so it will damage the pool cage," Fleming said.

Fleming reached out to the homeowners' association for help. When WINK News anchor Emma Heaton asked if she had tried to email or call, Fleming explained her frustration.

"I called. They said they'll send someone. They never sent anyone to look at the tree," Fleming said.

According to city rules, even though the tree is rooted on HOA property, any branches or growth that extend into a neighbor's yard become that homeowner's responsibility.

A city spokesperson told WINK News that property owners are responsible for trimming trees on their property, even in Fleming's specific situation.

Fleming felt the responsibility shouldn't fall on her shoulders. She explained the financial and physical burden the situation created.

"I'm an older lady. Also, I won't be able to do this. So cutting means money and to hire someone to do it," Fleming said.

While Fleming loves nature and doesn't mind if the tree stays, she wants the HOA to take over its maintenance.

WINK News contacted the homeowners' association president and explained Fleming's situation.

Cheri Boyer responded by email, letting WINK News know they would handle it. Boyer wrote, "I assure you, Emma, this situation will be resolved."

Fleming expressed gratitude for WINK News reaching out to help.

"I just would like to thank WINK TV for everything, for reaching out to the community, to question, or, yeah, to ask us, like, what is bothering us? Because this is a thing that's been in my mind for many years," Fleming said.

Fleming's home is up for sale. She's just glad the next homeowner won't have to worry about the same problem she's had for years.

Boyer called Fleming and assured her they would be taking care of the situation.

Fleming told Heaton she will keep her updated.