Legal Question in Real Estate Law in California
Tree Removal Responsibility
I received a letter from my homeowner�s association manager requesting that I voluntarily remove three trees from my front yard because they are causing damage to the community property perimeter wall and my driveway. 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. Although these trees are on my property, does the developer/builder share in any of this responsibility since they were the ones who either planted them or if they were already in existence, they built the community perimeter wall and driveway around these trees?
1 Answer from Attorneys
Re: Tree Removal Responsibility
Probably not. You own them now. And at the time of purchase, you knew (or should have known) about them.
By the same token, so did the HOA, so as a practical, if not legal, matter, the HOA should bear some of the cost of removal.
If you want to keep them, try to come to a reasonable solution with your HOA. If you simply don't want to bear the cost, then also try to come to a reasonable solution with your HOA.
Good luck.
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