Also keep in mind that different cities in California have local laws protecting certain types of trees, and those laws might trump a homeowners right to the self-help described here. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorneys firm and get authorization to send that information to them. 0000008227 00000 n I hate to break it to you, but you are going to lose the battle and the war Somewhere in your governing documents will be a dispute resolution process. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. L.A. Times Archives. A homeowner planted 19 trees in his front yard. Self-Help. What does a landowner risk if they take an aggressive approach to trimming back encroaching tree branches or roots? Hopefully you will all be able to figure this out. The damage where the roots of the tree have been growing into would not be covered because the tree roots did not grow overnight. Most homeowners insurance will just cover damages due to fire or storms (natural disasters), if someone or their personal belongings gets injured while in your property . In that matter, both the insured and neighbor were insured by State Farm. This right is called the right to quiet enjoyment. 5. It costs me $4500 to repaire and asked them tp reimburse. For example, was the tree dead or dying from an insect infestation? Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. Roots grow gradually . Species such as weeping willows, Monterey. Storm Damage. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. California law provides important rights to property owners whose trees are wrongfully removed or damaged. The board must then require the homeowner to comply with its governing documents. 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. That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. Code, 833). This website is using a security service to protect itself from online attacks. While you have solved one problem, you have created another. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, "the undoubted right of the land owner himself to cut off intruding roots or branches at the property line," precludes a negligence claim. The protected tree species vary from one community to another, but, in general, heritage tree designation means the trees are of a certain size, age or species that is important to the community. Our association has had a bit of disagreement over this topic too. 0000010224 00000 n App. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because the association maintains the front yard. 0000010610 00000 n He said I should cut. [email protected] Sure enough, he told me my tree's roots are damaging his foundation and driveways. Assume for a moment that you move forward with lawsuit against your neighbor and that you prevail at trial. You might be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor's property), violates any height limits or view ordinances, or straddles the property line. And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. Your Roof is Damaged and You Live in an HOA. I live next to an HOA maintained common area. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other . Our residents held a special meeting last year in which none of the board members attended. 1361 38 Some of this damage will be on account of the owner failing to report the problem promptly. This is equally true of trees on property lines. <<75ABC5EEBAABB2110A00604822B0FD7F>]/Prev 360357>> I have seen every insurance company cover third-party tree roots damages claims, which means that if roots from a neighbors tree damages your property, such as clogging your drain or cracking or lifting your sidewalk, the neighbors insurance company would pay and settle the claim. 0000034382 00000 n 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. In other words, dont cut branches or roots on anothers property or you could be liable for damages. This must be balanced against the needs of the association. 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. (Nahrstedt v. Lakeside Village Condominium Assn. "Tree trimming at root of neighbors' court dispute", by Haley Dover "Some Preliminary Thoughts on the Law of Neighbors", by Jim Smith "Definitive Guide to Tree Disputes in California", by Ellis Raskin; We hope . 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). tree. If its on the property line, it is deemed to be owned by the owners of both properties. 0000023598 00000 n Under the Davis-Stirling Act, a party who files a lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs. Suit must be brought within four years from the act. At first blush, it certainly seems capable of withstanding a challenge in court. Now He Has To Pay Thousands. . 0000005355 00000 n 15. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. Whose responsibility is it to take care of the tree? [email protected] If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor's property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Regardless, such encroachment can be a source of serious tension between neighbors. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. All communications to us will be kept as 100% confidential unless you agree otherwise. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. [email protected] Alternatively, youre also free to involve the courts by suing your neighbor for causing a nuisance, or if you live an HOA, for violating the governing documents. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. Cutting or pruning lower branches and leaving only the growth at the top (known as liontailing) or cutting or pruning inner branches to create growth on the outer tips can also increase the risk of a structurally unsound tree that could topple in wind or rain. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. disputes with neighbors, especially if one person's tree is causing damage to another's land. He's owned the building for 10 years and the tree he's referring to is 40 years old. 0000005026 00000 n While it may solve your problem, cutting the roots can also weaken a tree and cause it to fall. State Farm does not believe it owes any such duty where it coincidentally insured both sides. 0000029343 00000 n Ellensburg, WA 98926 Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. California does have a "spite fence" statute that allows a person to sue when a neighbor deliberately and maliciously erects a fence 10 feet or taller to intentionally annoy the next-door landowner. I have emailed it to the HOA Answered in 5 minutes by: Isaac, Esq., Attorney If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. 0000006878 00000 n 5 and authorities cited.). 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. Watch out for enforcement defenses the HOA could be in trouble if a homeowner can say: Why are you picking on me? Not necessarily. While cutting down certain trees on one's own real estate may be permitted, an individual may not, generally, remove trees on land that doesn't belong to them without consequences. 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). For wrongful injury to a tree, the owner can receive three times the amount of the actual damages. Monetary damages will include the costs necessary to repair or clean your property, as well as other losses that you can prove were caused by the encroaching branches or roots. 698]. 0000004694 00000 n from U.C. 0000006371 00000 n The only question is whether you will pay 100% of it or whether you pay a portion of it and your fellow homeowners pay for the rest. For example, several Labor Code statutes award attorneys fees to an employee who prevails. 0000003677 00000 n hU PW~,9xI"FD@AB:uZ7 0000028932 00000 n In other words, the longer an owner takes to tell a HOA of damage a tree root is causing, the more damage will occur. If it is dangerous or diseased and is on your property, take action to correct the problem. Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. deal specifically with the controls on shade cast by trees and shrubs on solar collectors. Types of Tree Damage Home Insurance Covers 0000005663 00000 n Trees are constantly debated in communities: some people cant get enough of their beauty, environment, color, and shade; others cant stand their dropped leaves, lumpy roots, and view-blocking canopies. Fallen Tree on White House North Drive. Rptr. Rules in Subdivisions The owner of that tree, in this case the condo association, is . Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. In other words, State Farm insured both neighbors. %PDF-1.7 % Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. But after an impasse, the HOA opted to move ahead with plans to remove the trees. 0000033979 00000 n We all like to look at trees, but sometimes they block views and must be removed. 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