ACC

I have a huge tree in my small front yard which is lifting my walkway and will eventually infiltrate my sewer pipes. It is hanging over my roof and my neighbors roof. I filled out an ACC request form, which stated they had 30 days to respond. The thirty days is up today and I can't get the management company to respond to me. I asked when the ACC meets and I got a response of "as needed, regard" and then signed by the property manager. I once again e-mailed this man and then he told me my enquiries should be sent to another employee in their office. I sent an e-mail to her and heard nothing. Today the 30 days is up and I e-mailed this person again. I have explained that this tree is damaging my property and dropping leaves and berries constantly. I can't keep up with it any longer. I have no response. What agency in California can handle this kind of problem with an HOA? Thanks

Thanks SheliaH,

I'm not sure what you mean by "this wasn't the right form for this situation?" The tree belongs to me and I read the CC&Rs and Bylaws, which require the ACC to give me permission to remove the tree. The form states they have 30 days to respond and all I have gotten is lip service and passing the buck by the management company.

Thanks for the clarification - as I said earlier, I usually see ACC used when people are trying to make changes like paint their houses or replace a door, and you didn't say the tree was yours (I may be the one who thinks like this, but I find details are everything on this board, as they can turn a question on its head!)

In any case, you will need to go directly to the property manager and the board, and perhaps the head of this ACC. But first, check the CCRs to see if it addresses what should happen if there's an immediate health safety issue (perhaps the ACC could call an immediate meeting so it can be inspected?) I'd still photograph the tree and send that to the property manager, board and ACC members (if you can't set it to everyone, at least send it to the chairperson).

Note the date you submitted your original request and that you haven't received a response and would now appreciate one within the next 7-10 days or less. If you don't get one, you may have no choice, but to pursue other ways to resolve the problem. If they still don't respond, that's when you can go talk to an attorney - this way, you've created a paper trail and also noted when emails were sent and phone calls made (hopefully you've already kept track of previous contact). You may also want to see if California has a consumer protection division that helps people with HOA problems (where are you Kerry?!) and file a complaint.

Hopefully some posters from California will weigh in, but it's very well possible that CA is like most states with no government ombudsman or other agency to help owners with HOA issues. This leaves the courts as the common option to deal with HOA disputes.

If you plan to proceed after 30 days with no response, make very sure you have proof that you submitted an application. Certified mail would be ideal. If you proceed and the association feels that you did not have proper authorization, they could potentially fine or sue you for violating the covenants. In either case having proof could be key. Personally I'd give it more time, the tree most likely didn't become a problem overnight, so if it takes a few more weeks or even months to get a response, it seems better than possibly getting involved in an expensive legal fight.

Our CC&Rs also say that after you submit a request to the ACC they have 30 days to reply and if they don't you can go ahead and do the improvements including construction as long as everything is in compliance with our architectural guidelines. Most of the front yard trees in this community have been removed over the years and not replaced, so I will be in compliance. Thanks AugustinD, if I had read further the first time I would have known this. Thank you

Yes the MC is a weasel. He is dismissive and condescending. Our CC&Rs say after 30 days I can remove the tree if the ACC didn't respond to my request. Thanks LarryB13 I will be sure the arborist states in his invoice that the tree was damaging my sidewalk and roof and soon to be infiltrating my sewer and probably my neighbor as well. He has seen all this when he was here for the estimate. Thank you again

Are you asking the HOA to pay for it? Or are you requesting approval so you can have it removed? That may be all the difference in the world for the response. Your asking the HOA to do the work and pay for it, then there are A LOT of issues that is involved. If your HOA is not well funded, then it may just put it on a "to do list". Funds have to raised, bids collected, and decisions approved.

Make sure if your just wanting to have the work approve for you to pay it, then make sure that is known. That may make it much easier and faster for it to be done. It's not going to work if you cut the tree down and then send them the bill. That would be a big no-no and a mess.

Joyce,

International Society of Arboriculture
http://www.isa-arbor.com/certification/

Click the "Find an Arborist" tab on the main page
Check in your location for possible candidates
Check license no. to verify credentials and also contractors's license for removal

Good luck!

JoyceN1, thank you for the update. At my former HOA, a tree was lifting my driveway. It was the same for many other of the home lots. I received permission from the ARB to remove it around 2012. I am glad I had it removed before selling it. The last time I drove my old neighborhood in 2015, some of the trees had lifted the concrete slabs of the driveways a few inches. I imagine the concrete slabs will start splitting soon. I hope you shop around for contractors to remove the tree (and grind down the stump?). Pricing varies widely where I live. Thanks for keeping your neighborhood safe and attractive. Good luck.