Non- Responsive HOA Management Team

I have owned a property in Canyon Crest Estates Mission Viejo CA, and lived there for 17 years. Back in late 2015 I requested that a number of tree's that are located on the community property be removed as their falling leaves pollute both the side entrance of my property and my swimming pool. This of course causes a significant financial impact to my bottom line due to the need to have increased servicing from my pool contractor and gardeners.

Subsequently, two of these trees were removed however, the third that is at the side of my house and over-hanging the roof i advised s still in place. I have made a number of requests to the management team and have not even had the courtesy of a response. Even the "tree removal" contractor advised me that he has submitted a quotation for this third removal however it appears that the mamgement team is ignoring our issue.

I am contemplating the following:

1. File a complaint with the Mission Viejo Fire Department as my gutters continually fill up with leaves
2. Not sure if the assocation uses CA Civil Code 1363.850 for dispute resolution which I believe they should diclose on a yearly basis
3. Formal registered letters to be sent to the board/managemet company, with copies to the State Attorney General, and my state congress people to see if we can come to a mutual satisfactory resolution.

I would appreciate any advice on this frustration issue

Cliff

BTW, someone here will inform you that you shouldn't identify your name or community.

As Kerry mentioned, HOAs are generally not required to remove trees just because somebody doesn't want them there.

Generally, property law allows you to trim branches from other party's trees that that overhang your property, so cutting back to your property line is an option.

Even if you do that, you will probably have leaves that blow into your yard and/or pool, here is a page that discusses the legalities of leaves:
http://homeguides.sfgate.com/am-responsible-leaves-tree-fall-neighbors-yard-98306.html

Maybe California is different, but if I contacted my local fire department to complain about leaves in gutters, they'd be laughing so hard they probably wouldn't hear the next alarm.

Cliff,

Perhaps the Association has expended their budget for trees.
If this is the case, you may simply need to wait until the following year.

Have you simply asked permission to remove the tree at your expense?
We have had many owners ask this when our budget prevented removing a healthy tree on the homeowners schedule.

Why don't you clean out your gutters?

Kerry

Appreciate you taking time to review my issue your response is very helpful

Larry

Very helpful information thank you

Mark

I do clean the lower gutters however my house roof gutters are 30ft high and currently need to be cleaned on a monthly basis hence the added impact to my maintenance bottom line

http://www.courts.ca.gov/opinions/nonpub/D068153.PDF