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ThomasC11 (California)
Posts: 210
Posted:
If HOA can't afford to pay for removal of sick tree from common area adjacent to unit, is Homeowner allowed to pay for the removal as long as work is performed by licensed vendor? Tree is overgrown, diseased, and creating hardscape (driveway) trip hazard.

HOA is condo/townhouse arrangement.

thanks
TimB4 (Tennessee)
Posts: 21,061
Posted:
Thomas,

That would be a decision by your Board.

In my Association, we inform members that if they can not wait for Association to fund a tree removal they may request prior approval to have the job done at their expense. We also specify what the job requires:

1) Removal of all tree debris
2) Grinding of the stump and removal of stump shavings
3) Fill Dirt and seeding for grass
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Thomas

Regardless of who pays, I say the BOD must approve the removal. Just because one is willing to pay for something does mean they have the right to do so.
ThomasC11 (California)
Posts: 210
Posted:
great info, thanks gents.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, great advice!

In addition, for others who might read this, seek board approval for any activity that affects your HOA's common areas. Wanna donate a rose bush to your HOA? Check with the Board first? Want to replace an ugly piece of common area furniture with a much nicer one that you no longer need?? Check with your board first. Etc.
MarkM31 (Washington)
Posts: 556
Posted:
Thing is, if the board doesn't remove the tree, they are ignoring a known danger and could increase liability for the HOA
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By MarkM31 on 03/14/2015 9:21 PM

Thing is, if the board doesn't remove the tree, they are ignoring a known danger and could increase liability for the HOA

This subject has come up before. Generally, to be held liable someone has to inform the owner of the tree that there is a danger. Without notice of a danger, the owner is not liable.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By ThomasC11 on 03/14/2015 1:40 PM
If HOA can't afford to pay for removal of sick tree from common area adjacent to unit, is Homeowner allowed to pay for the removal as long as work is performed by licensed vendor? Tree is overgrown, diseased, and creating hardscape (driveway) trip hazard.

HOA is condo/townhouse arrangement.

thanks

Just how many millions does it cost to remove a tree in California?

If the association has no funds to pay for removal of a dead tree from a common area, what other expenses does it not have money for? It sounds like your association has more serious problems than a diseased tree. It seems to have no reserve funds at all.
ThomasC11 (California)
Posts: 210
Posted:
Money has always (12 years at least)an issue/excuse in our HOA, hence the request to allow homeowner to pay. How long can an HOA claim "we don't have any money"? At some point there would need to be an assessment to handle deferred maintenance and other issues.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By LarryB13 on 03/14/2015 10:39 PM

If the association has no funds to pay for removal of a dead tree from a common area, what other expenses does it not have money for? It sounds like your association has more serious problems than a diseased tree. It seems to have no reserve funds at all.

Larry,

The tree is not dead, it is sick and dying (per the poster).

Using my Association as an example, we are over 30 years old with many mature trees. In the past, there was no plan for maintaining the trees. It wasn't until 4 years ago that we brought an Arborist onsite to evaluate every tree and provide a report. This gave us a plan but we still had to fund it.

Cost to remove a tree for us varies between $750 and $1,500 depending on size and location. Grinding the stump is another $500. We only budget $7,000 per year for trees and the plan said we needed $50,000 worth of work. Being on the Board, to aid this, I volunteered to absorb the bookkeeping duties each year into the Treasurer duties. This freed up another $4,200 that we placed in the tree budget and placed us on a 5 year time frame to address issues identified in the arborist report. Unfortunately, over 5 years, other trees die, are damaged by storms or become diseased. These (like storm damage) may take priority over the arborist report.

Over time, we have increased the tree budget to $10,000 per year. This still may not be enough but it's a work in the right direction.

I suspect that Thomas's Association may have similar issues. We have been blessed with an extremely low deliquency rate for assessments. Thomas's Association may have a high delinquency rate (hence the reason for deferred maintenance).

Thomas, Larrys point should not be lost. You should check into your Association finances and find out what the issue is on why the Board continues to say there is no money.
Is the issue real or perceived?
Is it that the Board simply doesn't want to spend the money or that the money isn't coming in (delinquent accounts)?
Is it poor budgeting?
Is it poor spending?
Well, you get the point. You should check to see what the issue is so it can be addressed.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By LarryB13 on 03/14/2015 10:34 PM
Posted By MarkM31 on 03/14/2015 9:21 PM

Thing is, if the board doesn't remove the tree, they are ignoring a known danger and could increase liability for the HOA


This subject has come up before. Generally, to be held liable someone has to inform the owner of the tree that there is a danger. Without notice of a danger, the owner is not liable.


It sounds like the OP already did that
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By TimB4 on 03/15/2015 3:49 AM
Cost to remove a tree for us varies between $750 and $1,500 depending on size and location. Grinding the stump is another $500.


Your costs seem high Tim, especially the stump grinding. I assume that soil & seed is included in that cost, but still high IMO.

Sikubali jukumu. Read all posts at your own risk.

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