Legal Question in Civil Litigation in California
HOA Tree Maint. Requirements
My HOA has a 100' eucalyptus tree adjacent to our property line. The tree sheds leaves year round which the vast majority end up in our yard and on our roof. The leaves on the roof were a contributing factor to a a roof leak caused by the leaves plugging up the valleys in the roof prohibiting rain water from draining. Can I require the HOA to remove or at the least trim the tree to reduce the problem?
1 Answer from Attorneys
Re: HOA Tree Maint. Requirements
The answer to this question depends on the CC&R's. Your CC&R's may provide for the HOA to hire staff to prune and trim trees in the "common areas." They may be silent, or they may provide that the property owner has to trim the trees on common areas adjacent to the property.
Be careful before you take self help measures. A tree whose trunk stands wholly on the land owned belongs exclusively to that owner. (Civ. Code sac. 833.) Civil Code section 3346 and Code of Civil Procedure section 733 prescribe doubling of damages (with the discretion to treble the damages)for wrongful injury to trees on another's property. It is a crime to harm or remove trees on someone else's property. (Pen. Code sections 384a and 622.) This is punishable by a fine of up to $1,000 and imprisonment in jail up to six months.
The short answer to your question is it depends on your CC&R's. Read them and proceed with caution.
Very truly yours,
Anthony Roach, Esq.
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