Legal Question in Real Estate Law in California
Common area tree removal for a homeowner that wants to install solar panels
I am a director for a HOA in Southern California, we have a homeowner that wants to have solar panels installed on the roof of there home and told us that two 40' trees will have to be removed. Are we the HOA responsible for the cost of tree removal or is the homeowner ?
3 Answers from Attorneys
He probably has no right to force removal of common area trees, nor for the HOA to pay. Other homeowners probably have rights to object to removal, so consider you options carefully.
I would start with the question of whether he has to he right to install solar panels. Check te CC&R's and other governing documents.
Need to look at the ccr's and see if he has any right to force you to do this. Generally a single homeowner cant force everyone else to make a change to the common areas.I would suggest you also consult with your associations attorneys. If your HOA does not have one then you might want to consider getting one.
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