Legal Question in Real Estate Law in California

I live in an association. I have read all of the rules and Declaration of Covenants, Conditions and Restrictions (CC&R) of Carriage Hills. I am in El Sobrante, California.

Our yard is kept up weekly via a gardener. I have three Redwood trees in my yard. They are kept up, etc. They are beautiful. They are probably 20 to 25 years old.

Neighbors moved in after me some years ago. I have lived here since 1996. Our CC&R states that non shrub trees must me planted at least 5 feet away from a shared fence. The trees are not within that range. I think they are are 20 to 30 feet away from the shared fence.

The neighbors are complaining that the trees are obstructing their surrounding views. The Association is requesting a Internal Dispute Resolution meeting. The trees are beautiful and well maintained. What advise can you give us in keeping our trees from being cut in half (wouldn't that be an awful sight) or even cut down. I can see other tall trees throughout the area.


Asked on 9/21/09, 5:22 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

El Sobrante seems to be in the unincorporated territory of Contra Costa County. CCC has a very comprehensive ordinance affecting tree growth and view maintenance. It also has an ordinance protecting heritage trees. I think you should get a copy of both ordinances and see how it would apply to your situation. Look at Division 816 of the County Codes. You should also try to find a licensed arborist who can advise you on how the ordinance is being enforced and whether your specific situation is one where the enforcers would require action or vote for no action. I think the ordinance provides for arbitration of disputes. I cannot say whether the homeowners' association has jurisdiction, or whether the ordinance prevails, but I'd be inclined to think the HOA would be bound by an arbitration award under county procedures unless the CC&Rs;have some tougher rulr regarding view preservation.

Read more
Answered on 9/21/09, 6:44 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California