Planting trees is a natural, easy way to beautify the landscape of any community. Shared common areas and privately-owned properties within an HOA are often dotted with trees of varying shapes and sizes, and the effect is, for the most part, appreciated by all who live there. However, it’s not uncommon that, for one reason or another, a tree or group of trees needs to be removed. In this scenario, who is responsible for their removal? Should the responsibility be placed on the property owner, developer, or the HOA?
To best resolve tree removal disputes and plan for future issues, HOAs should consider the following important questions:
Who owns the tree?
It’s a simple question, but not always easily answered. In a dispute, Neighbor 1 may claim that since the base of the tree is on Neighbor 2’s property, it belongs to them, while Neighbor 2 may insist that Neighbor 1 has responsibility for the tree since its roots and foliage are on their side.
State laws can be helpful to HOAs in determining ownership. For example, California civil code states “trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.” If the trunk stands partly on two properties, the two parties share ownership. Trees planted in common areas are generally owned by the association, unless specifically stated otherwise in the HOA’s governing documents. Determining responsibility for tree removal is often largely decided by the source of the problem. If the roots of a tree planted in a common area are damaging an adjacent homeowner’s walkway or patio, the association would be responsible for the tree’s removal and related repairs. If a tree is damaged or diseased as a result of the property owner’s neglect, that owner should foot the bill for its removal.
Why does the tree need to be removed?
Tree problems are common in HOAs, and removal may be necessary for a variety of reasons. Perhaps a tree was planted too close to a house and poses a risk to the exterior, or maybe it has become diseased. Other tree liabilities include safety hazards (possible injury from falling or overgrown limbs), overplanting by either the association during development or a nature-loving homeowner, and privacy issues. Owners may call for removal if the tree is blocking their view or is difficult to maintain.
What do the governing documents say?
To avoid long and messy disputes, it’s crucial that HOA boards state in clear terms the process for tree removal in the governing documents. Association documents should include language that specifies view conservation, tree maintenance, and planting guidelines, along with tree removal determinations.
When the governing documents leave these decisions to the board, they will have to make these decisions on a case-by-case basis. When an owner complains that their neighbor’s tree is dropping leaves on their driveway, the board can decide whether the tree is worth trimming or removing and both parties will need to respect the decision. Trees are community assets, and the board should consider if and how their removal will affect property values and other important factors.
How can we plan for future disputes?
As with many HOA disputes, preparation is key. The association should consult with landscaping professionals before planting trees to decrease the likelihood of needed modification and removal in the future. The association should also know and follow local laws and regulations. Boards should review their current governing documents to ensure that clear and precise language ensures simple, effective, and consistent solutions.
As a Homeowners Association Management company, we here at Hawthorne Management Company can provide the board and homeowners with needed resources to navigate situations like this. We can advise the board on local laws and how handle potential disputes between homeowners. If you’re interested in HOA management services, reach out to us today!
