27 December 2017
 Categories: , Blog

When you move into a subdivision community, there are certain rules that must be followed if you are under the rules of a homeowners association (HOA). The HOA decides what the overall neighborhood should look like, which gives them control of what you do on your own property to a certain extent. This can involve the removal of trees from your yard without your consent. Here are some things you need to know about tree removal and your HOA.

Preventing Removal

If you are considering removing a tree and are concerned that the HOA will prevent you from doing so, there is usually nothing they can do. As long as the tree is on your property, the tree removal is up to your discretion.

Forcing Removal

When you enter into a community with an HOA in place, you waive certain rights and make agreements just by buying a property. If you have been asked to remove a tree on your property and you want to keep it, there are certain things you can go to prevent removal.

You can contact an arborist who can come and doctor your tree if the complaint is due to damage or disease. If the tree is being removed due to blocking the view of a neighbor or because it doesn't match the allowed list of types published by the HOA, there is little you can do to prevent removal.

Deciding Disputes

Sometime a tree will grow on more than one property at once. When disputes arise of how to deal with the tree, the HOA is responsible for settling the dispute. They provide a neutral ground for discussion and make the final decision on whether the tree can be cut down or must stay in place. Having the tree evaluated by a removal company or arborist is helpful for winning an argument that is mediated by the HOA.

Your neighbor's tree might be putting too much shade on your yard or could be in danger of damaging your property if it falls. If you contact the tree's owner and they refuse to do anything, you can get the HOA involved to make a final verdict. The neighbor might be violating an agreement made with the association, and the tree can be pruned or in the worst case removed without your neighbor's consent.

Contributing Laws

There are other laws and municipal codes regulating tree removal that you should be aware of before cutting. Be sure to check with your local code enforcement office to see if any of those laws affect the trees that grow on your property. Only local laws can prevent you from removing a tree that has specific historic, shade, or wildlife value, while your HOA generally cannot.

For more information, contact companies like Souliere & Son Tree Specialists.