Who Is Responsible for Pruning of Tree in HOAs?

Q: Who owns trees in a neighborhood?

When it comes to ownership, it is important to look at state laws as well as neighborhood plats. In some states, such as California, ownership belongs to the person on whose property the tree trunk is fully located, regardless of whether or not the roots spread to the neighbor's yard.

Believe it or not, a wealth of conflict can stem from the pruning of a tree, especially in a homeowners association. There are differing responsibilities when it comes to landscaping and maintenance in HOAs, and considerable confusion can arise. Disputes primarily relate to whether or not the responsibility lies with the individual homeowner, their neighbor, or the HOA itself.

The Importance of Pruning a Tree

Landscaping and property maintenance are two important pillars of long-term HOA appeal and success. An HOA heavily relies on its appearance to maintain property values, attract buyers, and keep residents happy. When trees are uncared for, a number of consequences can follow.

Pruning trees will remove dead, dying, or diseased branches. This greatly improves both the health and the appearance of the trees. Tree pruning can also prevent damage to property. When branches die or become weak, they can fall off and hit structures.

Furthermore, proper pruning can help reduce the risk of liability for both homeowners and the HOA. The pruning of a tree can prevent branches and the whole tree from falling, which can damage property and injure passersby.

Who is Responsible for HOA Tree Pruning?

Tree pruning is an essential part of maintenance, but there is some confusion over who holds responsibility for the job. In an HOA community, it is important to break down tree pruning into two categories: HOA responsibility and homeowner responsibility.

HOA Responsibility

Homeowners associations are generally responsible for the maintenance of common areas. This means that trees located in shared areas, such as parks, green spaces, and even just along the sidewalk, fall under the responsibility of the association. If a tree at the community playground has dying branches, for instance, the HOA would have to schedule and pay for the pruning.

It is a good idea to check the community plat as well as the CC&Rs to understand tree maintenance obligations further. These documents will help outline which spaces fall under the HOA’s jurisdiction and which ones fall under individual homeowners’ responsibility.

Homeowner Responsibility

In general, a homeowner is responsible for the maintenance of their individual property. This includes trees in their front lawns, backyards, and along driveways. If there is a damaged tree on the front yard, for instance, the homeowner would have to cover the cost of pruning it.

Most HOAs require homeowners to maintain their properties, including landscaping. If a homeowner fails to do this, the HOA can penalize them. Typically, this comes in the form of a monetary fine, with the amount accumulating for each day the tree remains untrimmed.

Neighbor Disputes Over Trees

Here are the common disputes that neighbors get into over tree maintenance.

Ownership

Who owns the tree? Neighbors get into fights all the time over tree ownership. Neighbor 1 might say that the tree belongs to Neighbor 2 because the tree’s base is located on the latter’s property. Meanwhile, Neighbor 2 might argue that the tree’s roots and foliage are on Neighbor 1’s property, making them responsible for the pruning of the tree.

When it comes to ownership, it is essential to consider both state laws and neighborhood plats. In some states, such as California, ownership belongs to the person on whose property the tree trunk is fully located, regardless of whether the roots extend into the neighbor’s yard.

Branch Overhang

Trees can grow large and imposing, with branches reaching over the property of a neighbor. When this happens, disagreements can arise over who is responsible for pruning the tree.

If Neighbor 1 has a tree with branches hanging over Neighbor 2’s yard, Neighbor 2 might ask Neighbor 1 to trim the tree. As a counterargument, Neighbor 1 might insist that Neighbor 2 pay for the trimming, since it is the person requesting it.

Again, this should be addressed by state laws. Whoever owns the tree is generally responsible for its maintenance. If the branch hangs over a neighbor’s yard and subsequently falls off, the owner might be liable for property damage or injury.

Accidental Tree Removal or Damage

Accidental damage can happen when a person unintentionally cuts into the roots of a neighbor’s tree while digging out their yard. In this case, if the person failed to get the tree owner’s permission, they would need to pay for the damage.

Weather-Related Concerns

If a storm breaks off a branch, which falls over and damages a neighbor’s property, who is responsible? In this case, the court will likely apply a standard of reasonable care.

If the tree owner was reasonably caring for the tree and the branch did not seem to be in danger of falling off (dying or diseased), then the tree owner is probably not responsible. That said, if the tree owner did not take care of the tree, there is an argument that they could have prevented the damage.

How to Write a Tree Trimming Request Letter to a Neighbor

Neighbors should attempt to resolve their tree disputes between themselves first. If a homeowner wants to ask their neighbor to trim their tree, writing a formal letter always helps. Here are a few tips to remember when writing this letter.

Maintain a Friendly Tone. Start the letter by acknowledging the relationship as neighbors. Avoid starting with complaints or demands.
Describe the Issue Clearly. Next, mention the specific tree, its location, and how it affects the property (e.g., overhanging branches, blocked sunlight, damage risk).
Politely Request Action. After describing the issue, the letter should ask the neighbor to trim the tree.
Keep a Copy. If this becomes a legal issue, having a copy of the letter might come in handy.

If the homeowner is willing to cover the cost of the tree trimming, it is imperative to include that in the letter. The homeowner should ask their neighbor if they would consider letting the homeowner trim the tree and pay for the service.

What is an HOA Tree Trimming Policy?

An HOA can prevent disputes over trees by establishing a clear policy. This HOA tree policy should clearly indicate the process for removing trees within the community. The policy should discuss tree maintenance, guidelines on conserving views, and how to determine when a tree needs to be removed or trimmed.

Some associations offer landscaping services to individual homeowners. In this scenario, homeowners typically share in the expenses through HOA dues. The HOA is then responsible for scheduling inspections, maintenance, and, if necessary, removals.

How Much Does Tree Pruning Cost?

Tree trimming services charge varying prices, but the average cost is $460 per tree. Prices can range anywhere from $45 to 2,000, depending on several factors. These factors include the size, type, and number of trees that need to be pruned. Some trees are also more difficult to trim than others, which can add up costs.

At the Root of It

Pruning a tree is essential to maintain its health and enhance the neighborhood’s aesthetics. Conflict can arise when it comes to tree maintenance responsibilities; however, state laws and governing documents can often provide valuable insight. Both homeowners and board members should familiarize themselves with these to avoid disputes and liability.

Clark Simson Miller offers remote HOA management services to communities across the country. Call us today at 865.315.7505 or email us at help@csmhoa.com to get started!

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