tree removal on easement maintained by HOA

I am in California. The HOA is wanting to remove 10 eucalyptus tree that run alongside the slope of my entire backyard side. The HOA obtained a report from an arborist (property management company referral) stating possible damage has been done to an adjacent neighbor's driveway (which is also next to the trees). 2-3 trees at the most are causing damage, and the report specifies until driveway is removed they cannot state for sure which trees are causing damage. However the HOA wants to remove them all for future liability purposes (as they made an insurance claim to pay for damage done to the neighbor's driveway and the insurance provider stated they would not fill another claim unless they were removed). We own the deed to the property but the HOA has an easement on the slope, which they have failed to maintain for numerous years. The are refusing to remove stumps and are refusing to provide a replacement plan in writing. The CCRs state the board must "maintain, landscape, irrigate, repair, and otherwise manage the common area, including without limitation slope areas" (which this falls under). They are given an easement for "maintenance." The CCRs also state that if damage, destruction, or condemnation of all or any portion of common area shall be repaired and reconstructed substantially as it previously exist. My questions: (1) Does maintenance constitute removal? (2) Removing all trees will devalue my home; can I then sue them for causing property damage to my property. (3) They are refusing to remove the stumps and have only stated they would replant three trees (as is required by city ordinance as they fall under protected species trees). Based on the CCRs they are required to replant. What are my rights to have a replacement plan in writing. (4) They also have not had any functioning sprinklers so we water (which also is in violation). They have disregarded our requests for fixing existing sprinkler lines, as "others" in the area pay for their water. Is this something that can be sued about to request reimbursement for water bill? (5) The CCRs state "access" not "unfettered access." We have requested a time we are home to watch the removal to ensure our children and property are safe. They sent a letter from the HOA attorney threatening us as they refuse to coordinate a time for the removal. What are my rights to a coordinated time?

I have discovered that often when trees are removed and the stump remains, the stump re-sprouts.

I have also discovered that often when trees are removed and the stump is ground, the roots re-sprout.

MitraS
(California),

The 'quote' from your docs is, at least, misleading if not inaccurate.

EITHER

The slope in question is a common element which the HOA must maintain and over which only the BOD has authority

OR

The slope in question is your private property upon which the HOA has an easement.

CAN NOT BE BOTH

ps. stumps can be 'ground down' and then killed with common salt

The slope does not just have the trees they are removing but ivy, bushes, and other trees. The CCRs state the HOA is supposed to maintain this area, including water. They have sprinklers that have not functioned for several years (prior to the decision to remove the trees). The HOA did not want to repair the sprinkler line as it is broken. In not watering they also fail to water the entire contents of the side slope.

For replanting it states: "In the event damage or destruction to the common area the Association shall cause the common area to be repaired and reconstructed substantially as is previously existed." Also the city ordinance requires replanting of threes as the trees being removed are city protected trees which the HOA had to obtain a permit to remove.

I brought that up and they did not care as stump grinding costs a lot.

"When situations are ambiguous, the courts expect HOAs to be "fair and reasonable." Members have to be fair and reasonable, too. Here, contractors' time is being arranged, using HOA management's time. I think what is fair and reasonable is that the HOA give you a few days that the contractor may be present. It's then up to you to be around on these days"

No contractor will be present nor property management representative. They never come out to supervise any work. The only people present are the tree removers. In the past they removed the wrong tree on our property because no one was managing them, broke our fence, and one of our sprinklers (all of which we then had to fix at our own expense). I have small children at home and do not feel comfortable being home with a bunch of men on my property without my husband being present. I have given multiple dates which they never ever responded to. They sent one set of dates and then sent me an attorney letter with dates with the dates we listed as being unavailable. I do not feel me giving 4 dates to them is being unreasonable for gardeners.

Mitra,

I'm not sure if you are looking for advice or shopping for answers (having someone agree with you).

You seem to have a grasp of what your governing documents specify. You appear to have approached the board about this issue several different ways.

Therefore, in my opinion, your options are:

1) Live with it.

2) Gather support and get yourself and others on the Board so you can make decisions about this issue.

3) Consult with an attorney to see what legal options you have

4) Pay for the work you want done yourself

5) Move

Tree removal is always a sensitive subject. Even if the trees are diseased or causing damage. There will always be someone who insists on "Saving the trees". The best option? Remove the trees and replace them with something more appropriate or appropriate area. You can't hand pick them if the HOA is doing it. I am sure they have contacted an Arborist and going with their advice.

I had to remove several trees in our HOA. When it came to replacing those that people wanted put into their place, we went with the recommendations of professionals.

Let the trees go. It's not worth the battle.

I have already agreed to the removal of the trees, signed the permit for the removal. I am asking for advice on how to proceed with their refusal to replant, which is in violation of the CCRs. They have done limited to maintenance for the past 10 years and we have paid for all maintenance costs.

The trees were selected by the list provided by the city as there were only a few that could be planted to replace the protected trees per city code. We went with the city arborist's recommendation. We had already signed for the trees to be removed. Just trying to see what I need to do to make sure they are replanted as required. I can't plant anything to replace and do the work myself per the CCRs, otherwise I would.