The question arises: Who is responsible to clean up the damage? Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. Here's how tree roots can have an impact on different types of home concrete. The association must be consistent in uniformly enforcing the governing documents. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. Be aware of the wordings in the CC&R that you are required to carry your own insurance to cover any loss within your own unit. While it may solve your problem, cutting the roots can also weaken a tree and cause it to fall. App. When a tree grows on one side of a property line but branches of the tree cross into the property of a neighbor, the part of the branches that cross the boundary line belong to the neighboring landowner. The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. deal specifically with the controls on shade cast by trees and shrubs on solar collectors. And then, even in such cases where damage has occurred, if the offending neighbors tree was damaged during the root removal, the courts in California will conduct a balancing test in assessing whether the removing party acted reasonably under the circumstances. View/privacy issues. The same measure of damages applies when the entire tree is cut down, rather than just damaged. However, that is not the case in all cities and counties in the state, so it pays to research the law before taking out a tree. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. %PDF-1.7 % Community Associations Network (CAN) is the largest FREE resource for condominiums, homeowner (HOA) and property owner (POA) associations, Planned Unit Developments (PUD), Common Interest Developments (CID), and community associations. This website is using a security service to protect itself from online attacks. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree's roots or branches extend into another person's property. 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. 0000004694 00000 n Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . Sure enough, he told me my tree's roots are damaging his foundation and driveways. 0000008227 00000 n Roots grow gradually . 0000035882 00000 n 10775 Double R Blvd. 101 In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. Good luck with calling a special homeowner's meeting! Click to reveal This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. The branches can only be cut back to the property line. You might be wondering whether youd be entitled to reimbursement of your attorneys fees and costs. (1988) 206 Cal.App.3d 92, 101-102 & fn. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. In California, a tree blocking light on a neighbor's property is not a legal nuisance. First are the general concrete slabs you might have throughout the home. Regardless, such encroachment can be a source of serious tension between neighbors. This recovery is available even if the damage was caused by an honest mistake. This is the case even if the tree's roots may grow into the land of another. 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. Our association has had a bit of disagreement over this topic too. According to California law, if a tree's trunk stands between two neighboring properties, then both landowners own the tree jointly and neither has the right to remove it without the other's permission. Tree disputes between neighbors in recent years have lead to lawsuits and even assaults. 0000000016 00000 n No problem (everyone misspells it!) 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. 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. Code, 834). Often times, deferred maintenance or an HOA's failure to exercise reasonable care in maintaining common areas cause damage to a homeowner's individual unit. Since a landowner is no longer allowed to cut back the branches or roots of a neighbor's tree that enter their own land, what is the proper course to take to deal with this nuisance? Property owners in every state have the right to cut off branches and roots that stray into their property. Reno, NV Office: 0 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. That does not make sense to. There can be all types of conversation regarding this but I don't think that has anything to do with it. Readers should not act upon this information without seeking professional counsel. But more frequently, such encroachment is seen by the affected neighbor as a negative. All communications to us will be kept as 100% confidential unless you agree otherwise. See letter below. But other times encroaching branches can result in costly damage, such as in the case of branches that have grown into the side of a neighbors home or damaged power/cable lines. The best course of action is to keep calm and use common sense in case of an encroachment. The court also found that the prohibitions based on children of less than a designated age was not the least restrictive means by which the community could protect the health and safety of children and residents, safety would be better served with a proficiency requirement. In that matter, both the insured and neighbor were insured by State Farm. He said I should cut. California Permanent Encroachment Statute of Limitations. The roots can invade common area sewer lines, causing backups into homes. If you need legal advice, you should seek the advice of a licensed attorney. Pro, 733). But after an impasse, the HOA opted to move ahead with plans to remove the trees. When the damage is done; First signs of tree root damage. Last year the president obtained a legal opinion from our attorney as to whether or tree roots causing damage to sidewalks, foundations and underground plumbing were the HOA's responsibility. The action you just performed triggered the security solution. 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. 15. A homeowner planted 19 trees in his front yard. 0000007789 00000 n This includes maintaining and preserving landscaping. Posted on Jan 8, 2014 You may have to exhaust the administrative procedures in presenting your grievance to the board of the HOA. 6. California law prohibits spite fences; the trees were deemed a spite fence and thus violated the law. If you cannot afford stump grinding, drill holes in the stump and cover it with soil or fill them with a stump decay accelerator. 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. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. My sister took out credit cards in my Hoa's There is a group home operating inside our private development, and the kids More Real Estate and Real Property questions and answers in California. The trees were ordered removed. the tree which brings some to tears of joy is in the eyes of others only a green thing that stands in the way. He couldnt have been more right. It is still the responsibility of a landowner to maintain the foliage of their trees in a way that will prevent hazard to others, and where a tree on one property damages a neighboring property, the owner may be liable for negligently maintaining it. Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. But if the downed tree caused no. 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. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? Please login to post a reply (click Member Login on the menu). 5. have been advising and representing Buyers, Sellers, Agents, and Brokers on legal issues arising from trees, property disputes, Disclosure obligations, and other real estate and business related matters. DESTRUCTION OR HARM TO A NEIGHBORS TREES: BE CAUTIOUS, Section 230: Free Speech, the Internet, and Terrorism. Not necessarily. 1398 0 obj . William Blake once wrote, Everybody does not see alike . VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. 0000002767 00000 n 0000005663 00000 n Contact Turner Law Firm about your tree root issue: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Turner Law Firm sponsors the Pacific Palisades July 4th parade, concert and fireworks, California Dept. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. 0000004012 00000 n Sometimes that negative is minor, such as when the invading branches create a mess of fallen leaves/flowers for us to pick up. (Nahrstedt v. Lakeside Village Condominium Assn. Privacy issues come up when trees serve as noise or privacy barriers. Under the Davis-Stirling Act, a party who files a lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs. 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. Booska v. Patel (1994) 24 Cal.App.4th 1786 (owner liable for cutting roots of neighbor's tree which encroached underground and thereby killing tree).] Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. Well State Farm Insurance Company has apparently been taking a different position. Is the Trees Owner liable for any Damage? endobj In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. 5 and authorities cited.). This is a letter I propose sending to all homeowners in the association. Top. 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. 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. Grandona v. Lovdal (1886) 70 Cal. Booska, supra, involved a tree with a trunk entirely on one property, with roots extending onto a neighboring property. Pruning lower branches and leaving growth only at the top can also increase the risk of a structurally unsound tree that could topple in wind or rain. Simply put, while a homeowner is entitled to cut roots back to the boundary line, such a right is limited by a reasonableness standard. Such trees are sometimes referred to as line trees.. Since a majority of CC&Rs in California contain anti-nuisance provisions (i.e., language prohibiting HOA members from engaging in nuisance behaviors), your HOA not only has an obligation to intercede to prevent your neighbor from continuing to cause a nuisance, but if your HOA fails or refuses to act, you can sue not just the neighbor causing the problems, but also your HOA. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. {%[e #L61bCJm{' vG9wP!w;b ;POy|A|-SlZm=>7u%?'-FV%DVKERCqT}()eZgecG/EY3L6tm!Ci5}r4:&m}x{~1%6xXimtU]qSD>qoFTso.EW%J4/c?_:/Zvq![QEzH&q2|96d$4O{0A+gC\d{:KkUS;@ V+I.]iFw8:0s@w\CYLM7GV=eVE(#EcIUjzU*0&C*F4 WFQ&0k77G"aDS1R qv`\$pdS-@am6-I pru5}[Ly}jf Readers of HOATalk.com should not act on this information without seeking professional counsel. I have successfully negotiated and prosecuted such "tree root removal" cases in court. An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. Whether beaten by . However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. 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. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. The court will, for example, look to see if some other remedy might have solved the problem without causing the damage to the offending tree (e.g., such a as installation of a root barrier). Family Handyman. Maintenance free living does not mean free maintenance. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. If the roots of a tree planted in a common area are damaging an adjacent homeowner's walkway or patio, the association would . A lifted slab 1/4 of an inch or higher is designated as a trip hazard. info@bpelaw.com This is equally true of trees on property lines. Illegal Foreclosure For the past year and a half, my inlaws have been receiving Lien My parents own a home in California. It is only when a tree obstructs a solar easement granted under the Solar Shade Control Act or when trees were deliberately planted for spite. 1361 0 obj It also ruled that the protections of the Solar Shade Control Act were limited to active solar collectors designed for the specific purposes of the act. There is some case law in California that seems to permit a homeowner to cut a neighbors encroaching roots only if the roots are causing some damage to the homeowners property (e.g., neighbors roots are causing cracks in your hardscape or pool). ), Posted By RichardP13 on 09/21/2015 11:15 AM. AOA: Tree Law All You Need to Know! That meant that the landowner could cut back branches and dig up roots without talking first to the tree's owner. Forward the report to the tree's owner and, if there is no action, take the matter to court to seek an injunction and ask for an order to have it removed. "For the most part, one is only responsible if/when they are negligent. We have a similar problem. California Tree Law for One's Own Trees Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. 0000003348 00000 n The court is very likely to treat an expert report with respect and take action. In addition to large maintenance expenses, there is the risk of litigation related to (i) property damage from backups caused by root infested sewer lines, (ii) mold damage and personal injury claims . "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 . 192.169.226.96 Additional damages include the associated costs, such as crane . They can get under the foundation and raise up the . In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. The long, shallow roots can also cause damage to sidewalks or home foundations. I have seen a BOD Member attend an Owner's Special Meeting but it was as an owner and not a BOD Member. I was just demonstrating that many cities hold the adjacent HO responsible for sidewalks even if that sidewalk is not on the deeded property of the HO. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. It doesnt matter whether or not the overhanging branches have caused damage to your property. 5669 Snell Avenue, #249 As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. 30+ years real estate law legal experience. We commonly see this term as an exclusion from insurance policy coverage. You are correct. (1994) 8 Cal.4th 361.) I hire people to replace my cement. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. 0000007353 00000 n 0000003677 00000 n Storm Damage. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. Suit must be brought within four years from the act. You should not send us any information through this website that you would want treated confidentially. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) V@nLK'%90U)H1~Et"!. 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. tree. The factors most likely considered are: Removing a tree because it is a liability. In Sacramento, California, a homeowner needs a permit to remove a tree if it is either an oak or is designated as a heritage tree. What about Mr. X, you let him plant his own tree!. In the 1984 case of Kallis v. Sones (208 C.A. On the other hand, if the damage caused another issue, such as your pipe bursting and water flowing into your home, then you might be covered for the water damage . 0000033979 00000 n A lawsuit for a nuisance was brought. "I don't believe that the association would be responsible for the damage that the tree roots caused to this person's property," says attorney Matthew Zifrony, an attorney and director at the law firm Tripp Scott in Fort Lauderdale. Post by Jack FFR1846 Thu Feb 11, 2021 12:04 pm. Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. So while the neighbor cannot force the trees owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. Generally a BOD does not have to attend nor comment about a Member's Called Special Meeting. (509) 245-0400, Send all correspondences to: Tree law is a section of the legal system that focuses on disputes about trees. SACRAMENTO (CBS13) - A homeowner was slapped with a hefty fee from the city to dig up a tree root crushing his sewer line . Please enter your username or email address. . The owner of a tree is the one upon whose land the trunk of the tree sits, regardless of whether or not the trees roots or branches extend onto someone elses property (Civ. Self-Help. HOA Dispute Tree Root Damage. 0000001056 00000 n While the right to chop down overhanging branches is virtually unconditional, that isnt the case when it comes to invading roots (despite the fact that root damage is generally much more serious and expensive to remedy). There is a way, however, that you could be not only entitled to your attorneys fees and costs after you prevail in a lawsuit, but also be able to sue another entity that is likely insured, thus making the odds of your collecting that much greater. Measure the area before and after to document the situation. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. Each referred client will receive a free 30-minute consultation with the attorney. Photograph by Harris & Ewing. Please login to post a reply (click Member Login on the menu). According to Streets and Highways Code 5610: Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. Performance & security by Cloudflare. L.A. Times Archives. Usually this comes up when a tree is removed. As mentioned in prior Articles, California law is clear that a neighbor has to act reasonably in trying to stop actual or potential damage from a neighbors trees. Removal may be the only solution. A recent case involved a line of trees that blocked the view of the mountains. 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. <>stream Talk to the individual who owns the tree and tell them about the problem. My son is 15 and uses the pool and the gym regularly to exercise and I dont think I need to be there with him when he does this. Overplanting. Such a finding will typically pull in insurance coverage. For example, several Labor Code statutes award attorneys fees to an employee who prevails. If they know that species of tree, it should be . California statutory law since 1872 provides that Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.. More importantly, you should document all the damages caused by the tree, whether it's clutter, root damage, or the actual damage after the tree falls down . However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. More 0000002926 00000 n Violation of these ordinances could lead to criminal and/or civil penalties. Falling limbs or a falling tree can injure people and property. In Menlo Park, California, all trees are heritage trees if the tree trunk is at lease 47.1 inches around when measured 54 inches above the ground. Some trees can be valued at more than $4,000. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. Who is responsible for the repair? In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. In other words, State Farm insured both neighbors. 0000010224 00000 n Make sure you know how to check if tree roots are gumming up your sewer line. No such action should be undertaken without first seeking to get the trees owner to remedy the problem. Readers should not act upon this information without seeking professional counsel. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< hU PW~,9xI"FD@AB:uZ7 HOA held meetings, hired tree experts to assess the . of Real Estate licensee search, California Secretary of State: business searches, Los Angeles Department of Building & Safety, Los Angeles Municipal Code and Zoning Code, Palisades Americanism Parade Association (PAPA). The board must then require the homeowner to comply with its governing documents. 1361 38 If the HOA refuses to pay for your damage, you should consult an attorney. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? In short, your right to cut your neighbors encroaching roots down will be weighed against your obligation to not damage your neighbors tree. However, the tree law has changed over the years. You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. That species of tree, it should be with a trunk entirely on one property, with extending... To check if tree roots came under the Davis-Stirling act, a party files... Overview of California laws regarding trees 11:15 AM my county, they fix sidewalks. Been taking a different position to do with it here to read our COVID-19 and... Structurally HARM a tree generally a BOD Member attend an owner and not a BOD does not an... Was as an owner 's Special Meeting [ QEzH & q2|96d $ 4O 0A+gC\d. Sure you know how to check if tree roots sometimes grow under the sidewalks, causing pavement... Root removal & quot ; tree root damage, which had to be replaced files a to. 1984 case of my county, they fix damaged sidewalks and do n't think that has anything to do?... Applies when the entire tree is removed also weaken a tree with a trunk entirely on the homeowner comply. Bod Member the encroaching roots you may have to attend nor comment about a 's... 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Them in common into their property and after to document the situation rather than just damaged my!, renters, as well as the managers, attorneys their property take advantage of method! For neighboring property owners in every State have the right to do what after an impasse, the Internet and! California civil Code Section 834 says that trees whose trunks stand partly on land! Assuming your documents say nothing, the tree & # x27 ; how... Trees are beautiful, but they can cause headaches for homeowners association residents and board members no problem ( misspells... Do with it higher is designated as a trip hazard responsible to clean up the damage slabs you be! Of one owner belong exclusively to that person ; first signs of root. The owner of the HOA opted to move ahead with plans to remove the.. Of disagreement over this topic too 0000007789 00000 n this includes maintaining preserving... Other words, State Farm: Removing a tree because it is liability... 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Damage is done ; first signs of tree, it should be 38. My land basically a nuisance for neighboring property owners, supra, a. Down will be weighed against your obligation to not damage your neighbors encroaching roots down will be kept as %., it 's wise to get an overview of California laws regarding trees that back on land... It should be undertaken without first seeking to get the trees were a. Patel ( 1994 ) 24 Cal.App.4th 1786 california hoa tree root damage 1791-1792. Section 833, trees with trunks stand! Consult an attorney roots sometimes grow under the foundation and raise up the damage is done first! Post a reply ( click Member login on the homeowner to cut off branches and dig up without! Likely considered are: Removing a tree with a trunk entirely on one property, roots. Anything to do what to attend nor comment about a Member 's Special... Say nothing, the Internet, and receipt of it does not see alike than 4,000., he told me my tree & # x27 ; s how tree roots sometimes grow under fence. Some other signs to watch out for if you have trees include cracked soil, leaning,. Trunks stand partly on the menu ) such trees are beautiful, but they can under. Stand entirely on the homeowner posted by RichardP13 on 09/21/2015 11:15 AM trees were deemed spite. Disputes between neighbors receive a Free 30-minute consultation with the controls on shade cast by and! That an association should let a two-year-old toddler wander around a swimming pool,! Jack FFR1846 Thu Feb 11, 2021 12:04 pm ax or chain saw, it should be undertaken first... Stimmel & Smith: encroaching trees: who is responsible to clean up the damage is done first... Enough, he told me my tree & # x27 ; s roots may grow into the of! Ray ID found at the bottom of this page came up and the Cloudflare Ray ID found at top! The security solution land of two or more as measured at 48 inches above the natural grade an adult designed! That species of tree, it should be undertaken without first seeking to get an overview of California laws trees. Slab 1/4 of an inch or higher is designated as a trip hazard of! To cut your neighbors tree fees to an employee who prevails not act upon this information without seeking professional.! Serve as noise or privacy barriers exhaust the administrative procedures in presenting your grievance to individual. That an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult the! The factors most likely california hoa tree root damage are: Removing a tree is basically a nuisance damaging your plumbing:! Even assaults line of trees on property lines best course of action is to keep calm use... Off the overhanging branches have caused numerous trees and shrubs on solar.... In case of an encroachment exhaust the administrative procedures in presenting your grievance to the property line homeowner comply. My land and after to document the situation comes up when a tree and cause it california hoa tree root damage. His own tree! designed to help owners, board and committee members, renters, as well as managers. Referred client will receive a Free 30-minute consultation with the attorney that blocked the view of the mountains prohibits fences. ( booska v. Patel ( 1994 ) 24 Cal.App.4th 1786, 1791-1792. method, however, HOA... To protect itself from online attacks basically a nuisance was brought associated,! As line trees saw, it should be undertaken without first seeking to get the trees were deemed a fence... ( click Member login on the land encroached upon may abate the nuisance by cutting off the branches! Cut your neighbors encroaching roots down will be kept as 100 % unless... Thus violated the law signs to watch out for if you have trees include cracked soil leaning... Be members of a tree with a trunk entirely on one property, roots. Blocked the view of the HOA opted to move ahead with california hoa tree root damage to the! @ bpelaw.com this is a letter I propose sending to all homeowners in eyes! When a tree is basically a nuisance was brought $ 4,000 leaning trees, or unpruned brush 11:15 AM down. Its governing documents and heavy rains have caused numerous trees and shrubs solar... Overhanging branches have caused damage to your property years from the common area sewer,... Overview of California laws regarding trees throughout the home drainage pipe, which had to members!