Potentially buying a home in an HOA, question about backyard trees

Started by RussW2 • 7 replies • 1632 views

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RussW2 (Michigan)
Posts: 2

Posted:

Hi there,
We are looking at purchasing our first home and it is part of an HOA. We are nervous about entering into an HOA community and we have one glaring question about this home. The backyard is not very large and what room there is there are about 5-6 trees, mature maybe 50-60' high. 2-3 of them are right in the middle of the yard in a small cluster that is right off the patio and makes the backyard very dark and pretty unusable. We have read the HOA bylaws and I cannot see anything that would prohibit the removal of a couple trees to open the yard up a little. What should I be looking for in terms of wording? The only thing I can find refers to shade trees and the front property line. The trees are not visible from the street and there would still be about 3 trees in the backyard so it would still have shade and such. I have a copy of the HOA bylaws if anyone would be willing to take a look. Thanks.

-Russ

TimB4 (Tennessee)
Posts: 21,047

Posted:

Russ,

Every exterior change must typically be approved by a committee.

If the trees are the only concern in this purchase, I would suggest that you make the sale contingent on the current owner receiving transferable permission to remove those trees from the Association. Make sure that this permission is in writing from the Association.

This way, you would have approval up front and are not asking the current owner to expend any money to make it happen but to just get the approval.

That said, some other things anyone should look into before purchasing in an Association are:

1. Reserve Funds - Does the Association have enough money in reserve and/or are they budgeted to put enough money in reserve to cover expected maintenance issues (roads, sidewalks, etc.) without the need for a special assessment. (Roads take a lot of money to maintain)

2. Condition of Common Areas - Is the Association properly maintaining the common areas? If not, this could indicate a financial problem or an apathy problem (as in not enough participation from the membership that the current directors are tired and just don't care anymore (worst case)).

3. Parking - Is there enough parking for your family and guests? Is the parking assigned or on a first come first served basis (can make a difference).

4. Restrictions on basics - Everyone has certain things they want or would like to have. Look at those specific guidelines and restrictions to see if you can live with them. Some I can think of are: decks, sheds, fences, basketball hoops or other recreational equipment.

5. Review the minutes of the Board for the last 5 or 6 months (not just the general membership meetings but the actual board meetings) to see if there are any issues the board may be addressing but the membership might be unaware of.

6. Is the Association involved in any legal actions? (as this could indicate a future need for special assessments to pay legal bills)

I'm sure that there are more, but this is just a short run down off the top of my head.

hope this helps,

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

Also check your local munincipallity about cutting sown tress. Around here, you can't tough a tree that large. Your tree-cutting contractor should be aware of any ordinances.

Ps Thanks, Tim, for a great "consideration" check list.

SusanW1 (Michigan)
Posts: 5,202

Posted:

pre-coffee entry. Sorry about the spelling!! Wish we had an "edit" button or I had my glasses on.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Usually landscaping requirements only pertain to the front yard. However, it would be wise of you to find out if you are permitted to make any changes you wish to the backyard landscaping. When we moved into our current home we removed a number of trees (most of the palms) and about 2/3's of all the shrubs. Our back yard was so overly landscaped and it seemed every tree and shrub had thorns!! We did not require A/C approval for any of this. Of course our homes are walled in which makes our backyards private. In communities with open back yards the rules may be different. It's always good to ask, but don't just ask the R.E. agent. Some states require the gov docs to be provided to any potential buyer. The answer to your question would most likely be found in the CCR restrictions and/or architectural guidelines. Look for landscaping requirements.

DJ1 (Ontario)
Posts: 798

Posted:

Better than making the sale conditional on a transferable HOA authorization to remove, make the sale conditional on the owner removing the trees.

Removing the trees might upset some neighbours so let the HO do the dirty work then you can move in without the headache, hassle, or upsetting the neighbours. If you do the cutting some neighbours may not welcome you or you might not start off on a good foot. Never a good thing to do in a HOA with the potential for reprisals.

RussW2 (Michigan)
Posts: 2

Posted:

Thanks for the replies everyone!

I've read the HOA agreement several times and there is nothing in the landscaping article that mentions trees or the backyard.

I like the idea of having the HO remove them, I'll look into it, we'd even bump our offer a little to compensate.

I tried searching the townships website for info but I'm not sure where to look specifically. I am purely guessing on size from memory. Put it this way, I could probably wrap my arms around the trunks and I am 6'2" to give so idea of size.

The home is beautifully landscaped and great curb appeal that flows very well with the community, we just would like to have some usable space in the backyard and we wouldn't even be removing all the trees, just 2 or 3.

I'll let you all know how it goes.

Thanks,
Russ

TishS (Washington)
Posts: 116

Posted:

Russ,

Have your realtor request Homeowner Association documents directly from the Association. Get meeting minutes for the last year, specifically request rules and regulations, bylaws, CCR's and articles of incorporation. You can not depend on the accuracy of what is provided by title, and most title companies do not guarantee anything to do with an HOA. They provide them as a convenience...it is in the fine print. Verify the standing of the corporation if there is one with the state, make sure it is not inactive or disolved. This is not being overly cautious, there can be a hornets nest that you do not want to deal with hidden in these documents.

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