Trees are a natural part of landscaping and can benefit many communities. However, while they do have advantages, they are also common causes of conflict. For this reason, homeowners ask the question: Who is responsible for tree removal? Should the HOA trim trees regardless of where they are?
HOA Tree Policy: Should an HOA Trim Trees?
Homeowners associations often add landscaping to the common areas to beautify the community. It’s one way they can attract potential buyers and keep property values high. However, HOA tree maintenance is more complicated than it looks.
This is because there are various state laws concerning tree responsibility. Moreover, there are numerous factors to consider when it comes to tree ownership, responsibility, and liability.
Tree Ownership
Who does the tree belong to? Oftentimes, the answer to this question will determine who is responsible for trimming and removing the tree. However, it’s not a question with a straightforward answer.
Neighbors will often fight over who owns the tree. Some homeowners might think the person responsible is determined by the tree’s roots: where it stands determines who it belongs to. If the tree is on the HOA’s property, the HOA is responsible. Meanwhile, if it’s on a homeowner’s property, the homeowner is responsible.
On the other hand, some homeowners argue that the tree’s base determines ownership. If the base is on one person’s property, then they are responsible for the tree regardless of where the roots and foliage are. Ultimately, ownership determines who is responsible for tree trimming, maintenance, and removal.
State Law
When ownership is unclear, the association can turn to state law to determine ownership. Under California law, the person responsible for the tree depends on where the tree trunk is located. If the tree trunk stands wholly on one land, the person or entity that owns that land owns the tree. This is true regardless of where the roots grow or reach.
Meanwhile, if the tree trunk sits on two properties, then there is shared ownership between those who own either parcel. That said, trees planted in common areas generally belong to the HOA unless the governing documents say otherwise.
Governing Documents
In some communities, the governing documents specify how the associations and homeowners can remove trees. It may include provisions about protecting property views, planting guidelines, and tree maintenance.
However, when the governing documents are silent, the board may need to determine ownership and responsibility on a case-to-case basis. The board may decide whether a complaint warrants a tree trimming or not. Homeowners must respect the board’s decision, whatever it may be.
Reason for Removal
Trees beautify community common areas — that much is true. Nonetheless, they can cause a lot of problems within the community. Here are some reasons why homeowners or HOAs may want to trim or remove a tree:
- Property Damage. The tree’s roots or branches may be encroaching under or through property such as sidewalks, roofs, and sidings.
- Fallen Leaves. Homeowners may complain about too many fallen leaves and branches littering their yards and driveways.
- Disease. Some trees may contract diseases over time, making them risky to keep around. Over time, they might cause accidents or damage nearby property.
- Safety Concerns. Overgrown limbs, possible injuries from falling, and other tree liabilities may exist. Homeowners may want to cut a tree down to minimize safety issues.
- Privacy. Neighbors and strangers may use trees to sneak a peek into private property. This raises safety concerns and breaches people’s personal privacy.
- View Conservation. An overgrown tree may eventually block a homeowner’s view from their front porch, balcony, or windows.
- Messy. An overgrown and unmaintained tree may be overly messy. The tree may become more detrimental than helpful to the community’s overall aesthetic appeal.
- Maintenance Issues. Large trees may be difficult for the HOA or homeowner to maintain. They may ask to remove the tree to reduce their maintenance responsibilities.
Regardless of the reason, determining who is responsible for removing or trimming a tree may depend on who caused the issue. For example, let’s say a tree that belongs to the HOA has fallen and damaged homeowner property. If the tree fell due to the board’s negligence, the HOA may be held liable for the damages.
Are Trees Part of the Architectural Guidelines?
Homeowners associations often provide architectural guidelines to regulate what homeowners can and cannot do with their property. Often, the architectural standards include landscaping and greenery.
Some communities even impose maintenance requirements that force homeowners to mow their lawns regularly, maintain exterior paint, or keep fences clean. They do this to maintain curb appeal and preserve property values.
It’s no surprise that HOA trees may sometimes be covered within architectural guidelines. Homeowners associations may include the homeowners’ responsibilities when it comes to tree trimming, removal, and maintenance.
What to Include in an HOA Tree Policy
Should an HOA trim a tree? How can the board determine responsibility? If the governing documents are silent, it may be wise to amend them or create a separate tree policy for homeowners to follow. A dedicated tree policy can help clear misunderstandings and disputes that may arise from overgrown, messy, or diseased trees. Here are some guidelines to consider.
1. View Conservation
HOAs can add a policy protecting homeowners’ views from their homes. Homeowners who want to plant a new tree must ensure the tree will not block anyone’s view when fully grown. The HOA may even require homeowners to consult with a landscaping company before they can plant any trees to conserve people’s views.
2. Maintenance
The tree policy should define who is responsible for maintaining the trees. As always, make sure to refer to state regulations and local ordinances before indicating maintenance responsibilities.
The policy should also include what type of maintenance is necessary. For example, the HOA may require pruning, branch trimming, health inspections, fertilizing, and pest control. The policy may also set standards for tree trimming and specify how often the trees must be maintained.
3. Valid Reasons for Tree Removal
Trees are an asset for homeowners associations so they should not be removed without cause. The policy should outline valid reasons for removal like structural risks, safety hazards, property damage, and disease.
In addition, the HOA may adopt a formal tree removal process. Homeowners will need to submit a formal request to the HOA to authorize the removal. The process may include a board evaluation, a professional inspection, and obtaining permits from municipal authorities.
Finally, the policy may indicate who is responsible for shouldering the cost. This clarifies financial responsibilities and forces the homeowners to think carefully before asking for a removal.
4. Liability for Damages
It’s not always clear who is responsible for damages when a tree falls because of natural causes. Make sure to include a clause that specifies who is responsible and how the property damage should be handled.
It may also be helpful to address encroachments from tree limbs and roots on neighboring property. The HOA should outline how to resolve the dispute. Homeowners associations may mediate disputes themselves or ask for professional assistance.
5. Emergency Procedures
The HOA may dictate emergency procedures if a tree poses an imminent threat to property or life. Homeowner associations may provide a reporting process for how the HOA will approve the request. Moreover, the policy can indicate who will bear the cost if emergency tree removal is necessary.
6. Insurance Requirements
HOAs may include insurance requirements regarding tree removal and damage. It’s also important to review local laws to verify whether homeowners or HOAs need insurance coverage to plant or remove trees.
7. Violations and Fines
HOAs may include consequences for violating the community’s tree policy. The HOA may impose fines, restitutions, and suspension of rights and privileges. Moreover, the board may outline how they will ensure compliance and what process they will take to enfroce the rules.
8. Tree Planting Guidelines
HOAs may implement tree planting guidelines to regulate where and when homeowners may plant trees. They may also require homeowners to ask for permission before they can plant any trees in their yard.
Tree planting guidelines may also indicate what species of trees are allowed (or disallowed) within the neighborhood. This is important because certain tree species may be considered invasive or problematic overall. For instance, catalpa trees may have brittle wood and spread seeds everywhere. Meanwhile, Ailanthus trees are often short-lived and considered invasive.
In addition, homeowners may be required to hire HOA contractors with proper certification before they can begin work. They may need accreditation from certain institutions such as the Tree Care Industry Association.
Consult a Professional
Should the HOA trim trees? It depends on state law and the governing documents. Homeowners associations may or may not have the right to trim or remove trees in the HOA. Regardless, it’s best to consult a professional before taking action or creating tree policies to avoid liability.
Personalized Property Management provides various HOA management services to Southern California communities. Call us now at 760-325-9500 or visit our website to learn more!
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