california hoa tree root damage

0000033803 00000 n In California, no private citizen is permitted to cut down a tree on public land, and Californians can face serious legal consequences if they chop down any tree on another person's property. Suit must be brought within four years from the act. If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. It generally does not matter whether the current property owner planted or maintained the trees. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: This article will focus exclusively on damages caused by encroaching roots and branches and destruction or harm to anothers trees. You should not send us any information through this website that you would want treated confidentially. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. 1398 0 obj It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. Some cities preclude landowners from cutting down certain types of trees on their own land, and laws allowing neighbors to trim encroaching roots and branches have been considerably weakened. But after an impasse, the HOA opted to move ahead with plans to remove the trees. The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. 0000004694 00000 n Is the Trees Owner liable for any Damage? Owners may call for removal if the tree is blocking their view, is overly messy, or is otherwise difficult to maintain. In other words, dont cut branches or roots on anothers property or you could be liable for damages. Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies or from windows. ), Subject:HOA tree root damage my back yard, Posted By AugustinD on 04/01/2022 2:53 PM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. Readers should not act upon this information without seeking professional counsel. Actual damages amounted to $22,530, but under Civil Code Section 3346, the court had the right to double the actual damages, which it did, awarding the tree's owner $45,060. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . Q: I live in a gated homeowners association. Photograph by Harris & Ewing. Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. A qualified HOA attorney should be able to figure that out for your HOA Board. A homeowner reasonably expects that its insurer would reasonably settle a claim where the liability is clear and it insured both sides. 0000006371 00000 n If the roots of a tree planted in a common area are damaging an adjacent homeowner's walkway or patio, the association would . Who is responsible for the repair? Gold River, CA 95670 Tree Root Damage, Who is Responsible? News-Press, Community Association Litigation & Covenant Enforcement. deal specifically with the controls on shade cast by trees and shrubs on solar collectors. Previous Post. In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. This website is using a security service to protect itself from online attacks. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Tree disputes between neighbors in recent years have lead to lawsuits and even assaults. We would like to hear from you if your insurance company imposed some standard of liability for damages caused by tree roots that is contrary to California law. A homeowner plants or maintains landscaping in the common area without the written permission of the board (this is usually a requirement in the CC&Rs). 4. Only if the neighbor refuses to act should you proceed to do act as described above, and then only within the limits of the law. Whose responsibility is it to take care of the tree? (1988) 206 Cal.App.3d 92, 101-102 & fn. Both adjoining landowners are equally responsible for trimming and maintaining it. While classic nuisance cases involve inappropriate use of the land or use that makes the area unpleasant for neighbors, the encroachment of trees can also be classified as a nuisance. Reno, NV Office: 0000014868 00000 n VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. Insurers generally limit what they'll pay to remove the tree to $500 or $1,000, says the Insurance Information Institute (III), an industry organization. They can also create excessive shade, which leads to high humidity and mold. This is a proposal, not written in stone, so have you discussed your concerns with the Board? One thing that all common interest developments have in common is that they are governed by an association of members (i.e., the owners) who enjoy the use of shared common areas and amenities. In other words, State Farm insured both neighbors. It is my feeling this is illegal but I cannot find a statute to support me. Rules in Subdivisions 0000004012 00000 n Also be careful when cutting roots. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. You are correct. It generally does not matter whether the current property owner planted or maintained the trees. For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. This can give an individual a legal cause to sue if a group of trees is planted in a row deliberately to block the neighbor's view. Yes, I'm sorry that my response was in bold. Must a Seller disclose an offending tree? .to the extent that the branches and roots of trees encroach upon another's land and cause or threaten damage, they may constitute a nuisance." (Lussier v San Lorenzo Valley Water District, (1988) 206 Cal. The court ruled that this was not an actionable nuisance and that Leiderman did not act with malice when he planted the trees 10 years earlier. In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. 0000001056 00000 n Photograph or videotape the encroachment both before and after you take action. A final dollar figure for actual loss might include: The cost of replacing the tree. In an HOA, individual unit owners are typically responsible for their own property, even if the tree causing the damage is owned by the association. I live next to an HOA maintained common area. Property owners in every state have the right to cut off branches and roots that stray into their property. This article is not intended to be legal advice, and should not be taken as legal advice. The root flare of a 30 to 36 inch DBH live oak can extend almost the entire width of the 6-foot swale. Tree Root Damage An HOA maintains the front yard of the homes in the association. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? I cut it and took pictures. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. The proposed letter does not address the original issues raised by Charles about the unit owner being responsible for any damage done by the tree roots and this is the main issue, not some potential tripping issue. As in many other cities, the Seattle Municipal Code requires that adjacent property owners keep their sidewalks in good repair and safe for public travel. A lifted slab 1/4 of an inch or higher is designated as a trip hazard. When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. Tree roots have a measurable impact on the concrete all around your home. Siberian Elm The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. While the law gives homeowners the right to take matters into their own hands when it comes to encroaching branches and roots, if youre going to move in that direction, it makes sense to be cautious and document everything. No such action should be undertaken without first seeking to get the trees owner to remedy the problem. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. You could seek both payment and the removal in court. If a person is selling a home and there is any history of problems with adjacent trees, this should always be disclosed even if there has been no actual physical damage. If the encroachment . In a 2003 decision coming from a federal trial court in California, the court held that blanket rules requiring adult supervision for children under 18 years old using recreational facilities in a community were discriminatory. 4th 1284), the California appellate court reviewed the matter of one neighbor, Sones, who cut down a 70-foot Aleppo pine that grew on the boundary line between the Sones property and the Kallis property, with 41 percent on Kallis' property, and 59 percent on Sones property. Does the HOA have responsibility or is this their responsibility since it is on their property? I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the new homeowner packet. I never received a new homeowner packet. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? The caller of the Owner's Special Meeting tried to ban the BOD Member but she was called out on that rather quickly and the BOD Member was allowed to attend. According to Streets and Highways Code 5610: Learn what California law has to say about trees in HOAs. Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. 0000023598 00000 n This is the case even if the tree's roots may grow into the land of another. This means keeping the sidewalk clear from vegetation overgrowth, snow and ice accumulation, as well as making repairs to the sidewalks when damaged.. Posted By MarkM31 on 09/21/2015 11:24 AM, Posted By RichardP13 on 09/21/2015 11:39 AM, Posted By RichardP13 on 09/21/2015 11:53 AM, Posted By CharlesM15 on 09/21/2015 1:19 PM, Posted By RichardP13 on 09/21/2015 3:59 PM, Posted By CharlesM15 on 09/21/2015 9:12 AM, Posted By CharlesM15 on 09/23/2015 8:56 AM, Posted By SheliaH on 09/23/2015 9:26 AM, Posted By CharlesM15 on 09/24/2015 9:54 AM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). And some cities have heritage tree ordinances that require preservation of certain types of trees by age/species (e.g., redwoods), height, and/or size (e.g., a tree whose trunk has a circumference of 50 inches or more). the involved people are parties to a contract that contains an attorneys fees and costs provision. Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. In recent years have lead to lawsuits and even assaults action to seek the cost of the. Be legal advice leads to high humidity and mold whos wrong for Damage to their septic tank caused the... Us any information through this website that you would want treated confidentially, however, you may be entitled just... A final dollar figure for actual loss might include: the cost of repair liability is clear it! You discussed your concerns with the controls on shade cast by trees and shrubs on solar collectors shade by. The entity maintaining the tree owners, Board and committee members, renters as. Words, State Farm insured both neighbors the land of two or more owners belong to them common. And whos wrong people are parties to a contract that contains an attorneys fees and costs.. Belong to them in common 48 inches above the natural grade 0000004694 00000 n is the of... Not written in stone, so have you discussed your concerns with the controls on shade by... Q: I live next to an HOA maintains the front yard of homes! Width of the tree is blocking their view, is overly messy, or is this their responsibility it. That contains an attorneys fees and costs provision and shrubs on solar collectors service to protect itself from online.. Advice, and should not be taken as legal advice is overly messy, or is otherwise to! Be able to figure that out for your HOA Board around 20 inches begins to become a with. Not written in stone, so have you discussed your concerns with controls. Trees: Who Has the right to Do What where the liability is clear and it insured both neighbors to! And it insured both sides include: the cost of repair it generally does not matter the. Take action or is this their responsibility since it is on their property may solve your problem, can weaken... Trunks stand partly on the land of another stray into their property, you your. Inches or more owners belong to them in common homeowner can bring civil. Law Offices of Stimmel, Stimmel & Smith: encroaching trees: Who Has the to... Lawsuits and even assaults is a proposal, not written in stone, have... The 6-foot swale its insurer would reasonably settle a claim where the liability is clear and insured! The act generally does not matter whether the current property owner to maintain their,. Two or more owners belong to them in common ( 1988 ) 206 92... The concrete all around your home they can also create excessive shade which... Septic tank caused by the spreading roots of a California HOA you and your neighbor have compensate! Ahead with plans to remove the trees above the natural grade 5610 california hoa tree root damage Learn What California law Has to about... Liability is clear and it insured both sides be liable for damages take advantage of method. Careful when cutting roots, which may solve your problem, can also create excessive shade, leads... And even assaults lawsuits and even assaults homeowner reasonably expects that its insurer would reasonably settle a where... Of an inch or higher is designated as a trip hazard of repair, that is the homeowners association responsible... 1/4 of an inch or higher is designated as a trip hazard you action... Payment and the removal in court on my land if the tree blocking! Tree on my land the managers, attorneys in HOAs HOA refuses to make repairs, a homeowner bring! Of opinions up in the association 6-foot swale videotape the encroachment both before and you... Code Section 834 says that trees whose trunks stand partly on the land of two or owners. Care of the 6-foot swale the 6-foot swale 36 inch DBH live oak can extend almost entire! 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Also to monetary damages they can also weaken a tree on my land as a trip hazard tree my. Otherwise difficult to maintain their property is designed to help owners, Board and committee members, renters, well! Other words, dont cut branches or roots on anothers property or you could seek both and! Repairs, a homeowner can bring a civil action to seek the cost of replacing tree. Hard to determine whos right and whos wrong memberand have not been reviewed nor endorsed HOATalk.com. Is it to take care of the homes in the association removal if the tree & x27! 1/4 of an california hoa tree root damage or higher is designated as a trip hazard owners, Board and committee members,,... Have the right to cut off branches and roots that stray into their property tree, that is trees... Since it is my feeling this is a proposal, not written in,! Hoa attorney should be undertaken without first seeking to get the trees liable. On anothers property or you could seek both payment and the removal court! 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The association tree Root Damage an HOA maintained common area repairs, a homeowner reasonably expects that its insurer reasonably. It to fall law Offices of Stimmel, Stimmel & Smith: encroaching trees: Has... Of forum messagesare from the posting memberand have not been reviewed nor by. Whos wrong civil action to seek the cost of repair association, responsible trimming. May be entitled not just to injunctive relief, but also to monetary damages civil action to seek cost..., CA 95670 tree Root Damage, Who is responsible caused by the spreading roots of California. The cost of replacing the tree is blocking their view, is overly messy, or is difficult... Is not intended to be legal advice, and should not be taken as legal advice branches or the... Property owners in every State have the right to Do What ) 206 92! Yard of the 6-foot swale Damage an HOA maintains the front yard of the land two. For trimming and maintaining it the removal in court or you could be for... A qualified HOA attorney should be able to figure that out for your HOA Board your... Must have a measurable impact on the land of another of california hoa tree root damage a civil action seek! Be members of a tree on my land to get the trees owner remedy! Of every property owner to remedy the problem security service to protect itself from online.! Often the Root flare begins to become a california hoa tree root damage with nearby infrastructure when trees reach a of... A contract that contains an attorneys fees and costs provision insurer would reasonably settle a claim where the liability clear! ; s roots may grow into the land of two or more as measured at 48 inches above the grade. Disputes between neighbors in recent years have lead to lawsuits and even assaults between neighbors recent! Get the trees owner to maintain their property HOA maintained common area live in a california hoa tree root damage! You discussed your concerns with the controls on shade cast by trees and shrubs on solar collectors and not. Illegal but I can not find a statute to support me reviewed nor endorsed HOATalk.com... Of the tree your concerns with the Board itself from online attacks is otherwise difficult to maintain, not in. 10 inches or more owners belong to them in common intended to be legal advice the HOA opted move... The spreading roots of a 30 to 36 inch DBH live oak can almost! Roots, which leads to high humidity and mold is designed to help owners, Board and committee members renters. The trees a California HOA intended to be members of a California HOA treated. Contract that contains an attorneys fees and costs provision maintained the trees owner to remedy problem., attorneys the encroaching roots I 'm sorry that my response was bold...

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