Finally, the board should communicate with residents regarding tree and landscape policies.
These tree removals were done to prevent sewer damage.The man profiled in the story, his live oak wasn’t included in the removals. 1. Even if the tree is the responsibility of the HOA to maintain, not yours, there may have been other reasons for not cutting it down beyond appearance. For example, an HOA may require topping or lion-tailing a tree for appearance purposes. The tree type and size is often determined by the HOA, and such requirements can increase your expenses.For example, a community might require a tree that is three inches in caliper measurement to be planted within the first year of your moving into your home. Contact a Once you have your tree chosen and planted, you will still be responsible for the health and growth of the tree, especially if the tree lies within the area of your property not cared for by your HOA. Receive special offers and helpful industry information from Serpico Landscaping.Serpico Landscaping, 1764 National Avenue | Hayward, CA 94545 | tel:
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. Which trees should stay and which have to go? "The same is not true for rules. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbor’s tree. All counties will send someone to your residence after you've submitted a form to help you determine if your tree meets the county's criteria.An application for permission to remove a tree is also an agreement to replant new trees.
The owner of the tree may be responsible for damage caused to a neighbor’s property but only if it can be found that the tree’s owner failed to properly maintain the tree. They all say the tree needs to go. Some HOAs are very specific about tree types. Advise residents if architectural review and approval is required for certain tree and landscape actions. As is the case in Gainesville, it is common that a permit requires you to replant a tree that will mature at the same height as the removed tree.Failure to obtain a permit can result in a fine and a replanting fee. There is no question that properly maintained trees are an asset to a home and community.
Many homeowners are shocked to discover that they do not have the final say over their landscaping. Here is a list of common criteria that you will need to consider in determining if your tree is fit for removal.Each town has a different set of criteria for determining if your tree is, in fact, a “tree.” For example, Hillborough County requires a permit for removal of all woody, self-supporting plants over 5 inches in diameter. Every community is different, but many HOAs restrict tree types and sizes for these common reasons.
Depending on where you live and what type of tree, there may have been legal restrictions against removing it as long as it was healthy, especially if it was of a species native to the area. It’s not uncommon for the HOA to require small-growth trees for front yards and prevent residents from planting trees that will tower over or obscure the house. See Resources for a full list of exempt and permit-requiring trees. In addition, we are proud to service Pinellas & Hillsborough Counties.Give us a call today! A large tree in the common area (property of the HOA) fell in a storm and - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. You’ll have to replace a tree that is too small.These are just a few of the reasons HOAs make strict rules about what kinds of trees you can plant and even where you can plant them.
The HOA insists that they consulted an arborist several years ago, who said the tree is not a threat to private property. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Each town has a different set of criteria for determining if a tree can be removed from a given piece of private property. This is an especially common concern for front yards.
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