Legal Question in Real Estate Law in California

Tree Removal & HOA

My HOA manager wrote me a letter stating that three trees must be removed from my front yard because the roots will cause damage to the community perimeter wall and my driveway. The HOA letter gave me a specific contact person from the builder and stated the trees will be removed at no charge to me. When I contacted the builder and provided them the letter from the HOA manager, they said they will not remove the trees, claiming it is not their responsibility. Is the HOA responsible to remove these trees, since they stated in their letter there would be no charge to me to remove these trees?

The community is fairly new, about 4 years old, and based on the size of the trees (30-40 feet tall), I am thinking these trees were in existence before or at the time the community was built by the developer. When I drive around my community, there are no trees that are as large as these. The HOA knew about these trees from the beginning and I think the builder built the property around these trees or planted them when the house was built. I am the second owner of the property.


Asked on 7/06/06, 6:27 pm

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

Re: Tree Removal & HOA

This sounds like a misunderstanding situation rather than a legal clash. My suggestion would be for the three of you to sit down together and discuss the situation. Next bast would be a conference call.

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Answered on 7/06/06, 11:58 pm


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