hoa and trees

Purchased(2016) a townhome(build in 1980) with 2 tree issues that I am looking for advice on handling. BTW, these trees appear to be mature and old. So might have been there since original developer had build the townhomes. 1st tree is on neighbors property in backyard in a townhome community with HOA. This tree's root/trunk has encrouched onto our property causing damage to concrete block wall which will be the responsibility of that home owner to resolve. HOA does not take any responsibility for trees on property other than common areas. SO it would fall on homeowner to go thru county and such to get tree removed(permits). 2nd tree is in front yard apparently straddling the 2 property lines. This tree is also not in the common area and this tree is having issues since most of the limbs are dead (no leaves) and branches are falling on cars in which the neighbors car was damaged. I guess the first step would be to get the neighbor to handle the tree in backyard in which they may not since it would be a money issue there so not sure how to handle that since it was discussed once with them and they have not approached us so a letter would have to be sent to them to make it official and then take the next steps to get them to remove it. The second tree we could split the cost if we have a tree expert state it is a nuisance and if it is dead that would support the removal and get a permit to remove it. Here is the important aspect that I read on another webpage. For arguments sake and this discussion lets assume the tree is dead in the front yard.
Overplanting. The association must make tree removal decisions based on previous actions taken by others. Examples:
In the original development, in order to create curb appeal, too many trees were planted, or trees were planted in the wrong places and must be removed.
I will have to research if I can find out if the original developer built around the trees or were planted there back in or before 1980.
So with that stated an argument can be made that the original developer built around the trees or maybe new ones planted and fast forward 36 years the trees are causing damage one growing to large in backyard damaging a dividing wall and other with dead branches falling on cars maybe people. I can would think that the HOA should take some responsibility in assisting financially with the tree removal.? What are your thoughts? Questions? possibly in both cases? Although this argument is probably more for getting HOA to approve removal of trees. What do you think the chances of getting the HOA to assume some responsibility given the above argument?
not too worried about the backyard tree but more with front yard since the danger is more real with falling limbs and the tree will be claimed by me since half is on our property. But did not realize the front tree issue until neighbor informed us about a month after purchase. The seller unfortunately did not let us know about the HOA not responsible for the trees. HOA when we called let us know right away.

Thanks

If the trees are clearly not in the common areas, then the HOA, per its Declaration, has no responsibility for addressing any nuisance problems the trees may become. Generally today, it is up to the owner of the property where the tree trunk sits to address any encroachment and nuisance problems.

As for getting the HOA's permission to remove the trees: Be clear about the threat the trees pose to property and life.

Tree roots or tree branches on older trees are a common nuisance. I have seen it at two HOAs now. Take 'em out. Replant with more appropriate trees.

Shelia, my association is in a pickle because part of our assessments covers front yard maintenance. The HOA's landscapers come around, pull weeds, trim the shrubs and "prune" if you call it pruning the trees of all the homeowners. There are a mixture of different trees from Mesquite, Palo Verde. Jacaranda and Crepe Myrtles. Since the Palo Verdes have invasive root systems, the HOA removed the Palos from all common areas because the roots was causing damage to the one walking path. Our BOD wanted to define "maintenance" because the BOD did not want the responsibility if a tree caused damage on a homeowners property.
It is a catch 22 because our individual spread sheet showed our individual contribution towards our landscaping maintenance and "plant replacement"

So our BOD decided to go to each homeowner and inform them that the BOD will cut down all Palos and Mesquites, replant another less invasive tree, if the homeowner declines, they will have to sign a liability waiver if their said tree was to cause any damage.

My neighbor across the street had a Palo, he lost part of it last year to a lightening strike and another part to high winds last month, the HOA cut it down, but the roots was growing under the driveway slab raising it up. The HOA because of its "maintenance" is going to grind down the driveway slab to make it even.

I am comfortable with the change, but yet i am not comfortable, the HOA hires the landscapers and tree trimmers. I personally pitched a fit because the tree"trimmers" they hired were butchers with chain saws and had no arbor training at all. Now the HOA brought in someone from the arbor society for advice.

Phew!!! being a homeowner, you need to become an amateur expert on allot of issues to make informed decisions.