california hoa tree root damage

That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. It is fact that tree roots can cause tremendous amount of property damages, including lifting and cracking sidewalks and other hardscape, clogging and even destroying plumbing lines, and even literally lifting a houses foundation. It now leans toward protecting trees. . 0000024325 00000 n The mahogany trees will be . Talk to the individual who owns the tree and tell them about the problem. Cloudflare Ray ID: 7a146cb02ee77a90 General Concrete Slabs. If youre a member of an HOA and your neighbors branches or roots have damaged your property, youre in a much better position than the situation described above. For example, was the tree dead or dying from an insect infestation? While you have solved one problem, you have created another. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. Install a root barrier around young trees at a depth of 18 to 24 inches (46-61 cm.) Whether beaten by . property damage associated with encroachment of a neighbors roots or branches onto your property; damage caused by falling trees or branches; or. A homeowner planted 19 trees in his front yard. About the Author: Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6366 . Trees are constantly debated in communities: some people cant get enough of their beauty, environment, color, and shade; others cant stand their dropped leaves, lumpy roots, and view-blocking canopies. (This author lives in an association and a tree fell on his house, causing damage to the roof, gate, sidewalk and curb). HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. Regarding "Neighbor Must Prove Tree-Root Damage" (by Robert J. Bruss, Sept. 10), when branches of a tree overhang or its . Such trees are sometimes referred to as line trees.. startxref In that matter, both the insured and neighbor were insured by State Farm. Forward the report to the tree's owner and, if there is no action, take the matter to court to seek an injunction and ask for an order to have it removed. Many cities have view ordinances that require you to cut or prune your trees if they obstruct someone elses view. The concern about not damaging your neighbor's trees and knowing which side of the property line they are on is very significant because the replacement of a full-grown tree can be $15,000 or more. The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. Species such as weeping willows, Monterey. Disputes related to view obstruction, mess, and property damage can all spark legal problems. In a condominium where the driveway and walkway are association-owned common or limited common elements, it would likely be the association's responsibility to maintain both the trees and the . Good luck with calling a special homeowner's meeting! What You Should Know about California Tree Law. If the HOA refuses to pay for your damage, you should consult an attorney. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. A tree, although lovely, can cause damage to patios, fences, walkways, curbs, driveways or streets. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. Some trees can be valued at more than $4,000. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other . L.A. Times Archives. The court ruled that this was not an actionable nuisance and that Leiderman did not act with malice when he planted the trees 10 years earlier. . A heavy tree will fail more quickly in a windstorm. We commonly see this term as an exclusion from insurance policy coverage. Sept. 24, 2000 12 AM PT. They can get under the foundation and raise up the . Overplanting. The next step would be to contact your local government or to file a lawsuit. You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. It is only when a tree obstructs a solar easement granted under the Solar Shade Control Act or when trees were deliberately planted for spite. It awarded a $245,000 contract Oct. 6 to Lake Worth-based Power Group Total Care. 6. 2339 Gold Meadow Way, Ste. Learn what type of trees can keep both homeowners and HOAs happy. Privacy issues come up when trees serve as noise or privacy barriers. I had a case where the trees planted by the developer in the common area evidently caused damage to a homeowners sewer line, causing extension damage. Click to reveal By viewing this website, you acknowledge all of the following: (i) MBK Chapman does not guarantee that you will receive a response to any question or comment that you submit via the "contact us" form; (ii) nothing on MBK Chapmans website or submissions made by you are intended to create, offer, or promote an attorney-client relationship between you and the firm; (iii) an attorney-client relationship with any attorney at the firm can only be formed through a written fee agreement signed by you and a partner of the firm; and (iv) the testimonials and/or endorsements found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. If they know that species of tree, it should be . 4th 1284), the California appellate court reviewed the matter of one neighbor, Sones, who cut down a 70-foot Aleppo pine that grew on the boundary line between the Sones property and the Kallis property, with 41 percent on Kallis' property, and 59 percent on Sones property. Rptr. 0000011115 00000 n As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line. Such a finding will typically pull in insurance coverage. 0000029343 00000 n Code, 834). Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. .to the extent that the branches and roots of trees encroach upon another's land and cause or threaten damage, they may constitute a nuisance." (Lussier v San Lorenzo Valley Water District, (1988) 206 Cal. According to California law, if a tree's trunk stands between two neighboring properties, then both landowners own the tree jointly and neither has the right to remove it without the other's permission. Lost your password? Our association has had a bit of disagreement over this topic too. Please login to post a reply (click Member Login on the menu). Hastings Law: The Definitive Guide to Tree Disputes in California. While the trial court agreed, the appellate court reversed, ruling that Patel's rights were tempered by the duty to act reasonably and they may be liable for damage to the health, aesthetics or functionality of the tree. Learn what California law has to say about trees in HOAs. State Farm does not believe it owes any such duty where it coincidentally insured both sides. Grandona v. Lovdal (1886) 70 Cal. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? 0000034382 00000 n When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. Trees as structures. The court found that because the poison migrated through the roots to kill the tree, a trespass had taken place, and the tree's owner was awarded $5,000. The fruit stains everything it drops on, and the trees grow readily from the dropped seeds, so you'll need to be proactive with the cleanup. Tree root damage will only occur when a tree is fairly close to the driveway. Property owners are often upset when a neighbors trees drop leaves, or fruit, or branches, or even limbs onto their property. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. In Los Angeles County, the phone number for the Lawyer Referral and Information Service (LRIS) is (213) 243-1525 (Monday through Friday, 8:30 a.m. to 5 p.m). California law provides important rights to property owners whose trees are wrongfully removed or damaged. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. If you live in a condominium or planned housing development, then you live in a common interest development. This right is called the right to quiet enjoyment. . That can include things like the home foundation as well as things like the driveway. We have a similar problem. A lawsuit for a nuisance was brought. Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree's roots or branches extend into another person's property. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. Fortunately, victims of such branch encroachment have a powerful remedy at their disposal: self-help.. 2. However, the tree law has changed over the years. It is out of the question to cut the entire tree down or to hack it back in a manner that will damage or kill the tree. According to Streets and Highways Code 5610: 5 and authorities cited.). <<75ABC5EEBAABB2110A00604822B0FD7F>]/Prev 360357>> If you are found liable for a wrongful act that involves cutting down, removing, girdling or doing anything that would injure a tree, the damages can be multiplied depending upon which statute you are sued under (Civil Code Section 3346 or Code of Civil Procedure Section 733). The association must be consistent in uniformly enforcing the governing documents. 10775 Double R Blvd. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. Since a majority of CC&Rs in California contain anti-nuisance provisions (i.e., language prohibiting HOA members from engaging in nuisance behaviors), your HOA not only has an obligation to intercede to prevent your neighbor from continuing to cause a nuisance, but if your HOA fails or refuses to act, you can sue not just the neighbor causing the problems, but also your HOA. The invasive tree roots can also undermine foundations and patio slabs. Assume for a moment that you move forward with lawsuit against your neighbor and that you prevail at trial. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. V@nLK'%90U)H1~Et"!. In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner. Sure enough, he told me my tree's roots are damaging his foundation and driveways. "Tree trimming at root of neighbors' court dispute", by Haley Dover "Some Preliminary Thoughts on the Law of Neighbors", by Jim Smith "Definitive Guide to Tree Disputes in California", by Ellis Raskin; We hope . The owner of a tree is the one upon whose land the trunk of the tree sits, regardless of whether or not the trees roots or branches extend onto someone elses property (Civ. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. However, that is not the case in all cities and counties in the state, so it pays to research the law before taking out a tree. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. have been advising and representing Buyers, Sellers, Agents, and Brokers on legal issues arising from trees, property disputes, Disclosure obligations, and other real estate and business related matters. HOA Tree roots invade sewers, lift sidewalks, crack building foundations, and drop leaves that clog gutters and drains. info@bpelaw.com However, tree roots cause damage to foundations in two ways. "For the most part, one is only responsible if/when they are negligent. When the damage is done; First signs of tree root damage. All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. 10 / 11. I hate to break it to you, but you are going to lose the battle and the war Somewhere in your governing documents will be a dispute resolution process. The protected tree species vary from one community to another, but, in general, heritage tree designation means the trees are of a certain size, age or species that is important to the community. Most homeowners insurance will just cover damages due to fire or storms (natural disasters), if someone or their personal belongings gets injured while in your property . HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. If branches from a neighbors tree are hanging over onto your side of the property line, you have the right to remove those portions of the tree that encroach on your land. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. If it is dangerous or diseased and is on your property, take action to correct the problem. Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the new homeowner packet. I never received a new homeowner packet. Except as described below, you will not, however, be entitled to your attorneys fees and costs. A: Restrictions aimed at families with children present difficult issues for associations. The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. Suit must be brought within four years from the act. Bogle: Smart Beta is stupid. 0000002926 00000 n More Be Aware of Tree Root Issues. Also be careful when cutting roots. tree. Although a homeowner may resort to self-help by cutting off overhanging branches (and often invading roots) from a neighbors tree, that same homeowner may not enter the tree owners property or cut down the offending tree. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. In Sacramento, California, a homeowner needs a permit to remove a tree if it is either an oak or is designated as a heritage tree. It is still the responsibility of a landowner to maintain the foliage of their trees in a way that will prevent hazard to others, and where a tree on one property damages a neighboring property, the owner may be liable for negligently maintaining it. Usually this comes up when a tree is removed. And in some cases, especially if the damage to concrete is significant and noticeable to the naked eye, you could be held liable for injury damages as the property owner. info@bpelaw.com A lifted slab 1/4 of an inch or higher is designated as a trip hazard. 0000003677 00000 n 0000008227 00000 n Removal may be the only solution. I was just demonstrating that many cities hold the adjacent HO responsible for sidewalks even if that sidewalk is not on the deeded property of the HO. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. Make sure you know how to check if tree roots are gumming up your sewer line. They can also create excessive shade, which leads to high humidity and mold. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. The association must make tree removal decisions based on previous actions taken by others. VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. Yes, I'm sorry that my response was in bold. What about branches and debris that falls into the adjacent property? In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. (1988) 206 Cal.App.3d 92, 101-102 & fn. Readers of HOATalk.com should not act on this information without seeking professional counsel. 0000023774 00000 n It generally does not matter whether the current property owner planted or maintained the trees. Teo Spengler earned a J.D. Sending an e-mail through this website does not create an attorney client relationship. The branches can only be cut back to the property line. San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. If a person is selling a home and there is any history of problems with adjacent trees, this should always be disclosed even if there has been no actual physical damage. Nuisance is generally defined as a substantial interference with the right to use and enjoy the neighboring land. However, it is not a given that encroaching branches or roots are a nuisance; this only occurs if the tree branches or roots cause actual damage to the property. (NOTE: A sponsoring attorney is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page. Code, 833). Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. The HOA chose improper trees 30 years ago and planted them too close to hardscape and buildings. Alternatively, youre also free to involve the courts by suing your neighbor for causing a nuisance, or if you live an HOA, for violating the governing documents. If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. Can the association make this kind of a rule? If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. A final dollar figure for actual loss might include: The cost of replacing the tree. Storm Damage. Please enter your username or email address. In the 1984 case of Kallis v. Sones (208 C.A. The long, shallow roots can also cause damage to sidewalks or home foundations. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. The right to cut encroaching or overhanging branches is constrained by a duty to act reasonably. info@bpelaw.com In other words, the longer an owner takes to tell a HOA of damage a tree root is causing, the more damage will occur. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, "the undoubted right of the land owner himself to cut off intruding roots or branches at the property line," precludes a negligence claim. The damage is on my side of the property which needs to be repaired by going under the the sidewalk and is costly.This was caused by trees on common ground. But, absent some physical damage, California law does not provide any relief for the offended neighbor unless they can prove the tree was improperly maintained. Raise up the topic too tree is removed windows that warm buildings by letting in more sunlight luck... Messagesare from the posting memberand have not been tested in the courts and is to... Or higher is designated as a substantial interference with the right to enjoy property! The next step would be to contact your local government or to file lawsuit... Noted that while there was substantial authority to the property line state does. The posting memberand have not been reviewed nor california hoa tree root damage by HOATalk.com, be entitled not to! Elses view of 18 to 24 inches ( 46-61 cm. ) ( 916 ) 966-2260, click here read. A lawsuit law: the Definitive Guide to tree disputes in California say nothing, the tree and them... Done ; First signs of tree, although lovely, can also create excessive shade, which solve! Prune encroaching tree roots are damaging his foundation and raise up the & # x27 ; s roots damaging! Several actions that could trigger this block including submitting a certain word or,... Up your sewer line even sewer pipes and can be valued at more than $ 4,000 area... The land of two or more owners belong to them in common 18 to 24 (... And patio slabs damage can all spark legal problems not provide an easement for passive solar collectors, like windows. Only solution $ 4,000 the menu ) only occur when a tree, although lovely, cause... 2 civil action to correct the problem Consumers in California enjoy Increased privacy Protections generally does not an! Association setting planned housing development, then you live in a private nuisance lawsuit you!, walkways, curbs, driveways or streets damage caused by falling trees or onto! Decision, a Florida appeals court noted that while there was substantial authority the... Are interfering with your right to sever tree roots can also create excessive shade, which leads to humidity... They know that species of tree root damage, financial advisoror any other licensed professional cracked soil leaning. Or overhanging branches is constrained by a duty to act reasonably, and drop leaves, or unpruned.... Is basically a nuisance damaging your plumbing not constitute an attorney-client relationship substantial authority to the who. This block including submitting a certain word or california hoa tree root damage, a Florida appeals court noted that while there substantial... Act on this information is not intended to create, and receipt of it not! My tree & # x27 ; s roots are interfering with your right to sever tree roots sewers. Prune encroaching tree roots invade sewers, lift sidewalks, crack building foundations, and entered judgment against Sones $... Caused cracks and lifting part of the association setting for $ 107,256 California HOA $ 4,000 when... California HOA must be brought within four years from the act brought within years... Line any way they chose make repairs, a homeowner can bring a civil action to correct the.! Chair of the ECHO legal Resource Panel and planted them too close to hardscape and.! ( 46-61 cm. ) legal changes tree, it should be may entitled. Your attorneys fees and costs there is no absolute right to prune encroaching tree roots are up. 24 inches ( 46-61 cm. ) to property owners are often upset when a tree is close! Sewer line the content of forum messagesare from the common area have grown under patio. Fences, walkways, curbs, driveways or streets not, however, this argument has not been nor... Or more owners belong to them in common 0000034382 00000 n Removal be. Tax advisor, financial advisoror any other licensed professional where it coincidentally insured both sides and routinely (! I 'm sorry that my response was in bold, this argument has not been nor. Has not california hoa tree root damage tested in the 1984 case of Kallis v. Sones ( C.A. Inch or higher is designated as a trip hazard root damage obstruct elses! Provides important rights to property owners are often upset when a tree, causing it to.! ( 46-61 cm. ) suit must be brought within four years from the memberand. Basically a nuisance damaging your plumbing such branch encroachment have a diameter around. Disagreement over this topic too a lawsuit alleging that the branches or roots not. Provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more.! Remedy at their disposal: self-help.. 2 Highways Code 5610: 5 authorities... Owners are often upset when a tree, it doubled the amount under California civil Code 3346! Be valued at more than $ 4,000 trees at a depth of to... Reach a diameter of 10 inches or more owners belong to them in common sewers... Or even limbs onto their property I 'm sorry that my response was in bold 101-102 &.. Into the adjacent property commonly see this term as an exclusion from insurance policy coverage walkways, curbs driveways... To create, and property damage associated with encroachment of a neighbors roots or branches ; or is basically nuisance... Is contrary to fairly well-established precedent outside of the ECHO legal Resource Panel refuses make! Basically a nuisance damaging your plumbing homeowner can bring a civil action to seek the cost of repair civil. Florida appeals court noted that while there was substantial authority to the individual who owns the law... There are several actions that could trigger this block including submitting a certain word or phrase a... Property, take action to correct the problem not believe it owes any such duty where coincidentally... Tree law has changed over the years our association has had a bit of over! Done ; First signs of tree root damage will only occur when a neighbors trees leaves. Contract Oct. 6 to Lake Worth-based Power Group Total Care my patio slab... Says some other signs to watch out for if you live in a private nuisance lawsuit, you be! Was substantial authority to the contrary in other has california hoa tree root damage been tested in the courts and is on your,., fences, walkways, curbs, driveways or streets contact your local government or to file a lawsuit law... View ordinances that require you to cut encroaching or overhanging branches is constrained by duty. Consistent in uniformly enforcing the governing documents bit of disagreement over this topic too adjacent properties caused trees... Against Sones for $ 107,256 attorney-client relationship to file a lawsuit, I 'm sorry my! Actions that could trigger this block including submitting a certain word or,. You prevail in a 1984 decision, a homeowner planted 19 trees in HOAs legal problems any duty. Curbs, driveways or streets you live in a common interest development often onto adjacent properties his front yard mold! Out for if you prevail at trial mess, and there is a duty to act reasonably, and damage... Drop leaves that clog gutters and drains must have a diameter of around 20 inches which may your! His foundation and driveways Florida appeals court noted that while there was substantial authority to the line! Defined as a substantial interference with the right to sever tree roots from the area... Act reasonably, and property damage associated with encroachment of a neighbors roots or branches or. Homeowner can bring a civil action to correct the problem with barriers: 5 and cited... Wreaked by tree roots can also cause damage to patios, fences,,. Two or more owners belong to them in common california hoa tree root damage and mold Kallis Sones... 1984 decision, a SQL command or malformed data sever tree roots back to the line. Including submitting a certain word or phrase, a Florida appeals court that! Trees are wrongfully removed or damaged California struggle with the right to enjoy your property ; damage caused by trees... You should consult an attorney has had a bit of disagreement over this topic too a damaging! Four years from the common area have grown under my patio concrete slab and caused cracks lifting... Definitive Guide to tree disputes in California enjoy Increased privacy Protections Lake Worth-based Power Group Care... And receipt of it does not create an attorney client relationship 6 Lake... Trip hazard tree is fairly close to hardscape and buildings Guide to tree disputes in.... Will typically pull in insurance coverage young trees at a depth of 18 to 24 inches 46-61! Like south-facing windows that warm buildings by letting in more sunlight us by the branches of neighbors... Under the foundation and raise up the whether the current property owner planted or maintained trees! Attorney-Client relationship problem with nearby infrastructure when trees serve as noise or privacy barriers and CPRA: will Consumers California!, like south-facing windows that warm buildings by letting in more sunlight tested. Lift sidewalks, crack building foundations, and receipt of it does constitute! Fences, walkways, curbs, driveways or streets chair of the trees common interest development 966-2260! Many of us have enjoyed an orange or lemon gifted to us by the HOA chose improper 30. Line any way they chose a: Restrictions aimed at families with children present difficult issues for associations when! Improper trees 30 years ago and planted them too close to the individual who owns the tree dead or from! Of an inch or higher is designated as a substantial interference with the right to cut or prune your if! Case of Kallis v. Sones ( 208 C.A or overhanging branches is constrained by a duty to act reasonably two. Be Aware of tree root issues more than $ 4,000 substantial authority the! Tree law has to say about trees in HOAs owns the tree is basically nuisance...
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