Low hanging tree limbs

Started by AdamD1 • 24 replies • 1668 views

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AdamD1 (Indiana)
Posts: 179

Posted:

So, I'm going to be very blatant here, we have many homeowners who are either 1) lazy or 2) are clueless about maintaining homes in our HOA.

Specifically, homeowners are not trimming low-hanging branches which impede pedestrian traffic on our side walks. As a Board member, I tried reaching out via our newsletter to get some volunteers to help trim these branches. Out of over 430 homes, only three homeowners reached out to volunteer. Thus, I killed the project due to lack of homeowner participation.

As a homeowner, would it be too forward to go around trimming these branches, which would otherwise poke an eye out if walkers aren't paying attention? The county (our jurisdiction) has no say on the matter. Our governing docs have a "self help" clause that grants "...the Association or any Owner" to enforce our governing documents. Low-hanging branches are in violation of a few of our CC&Rs.

Or, does this mean I can "enforce" our docs by taking the individual homeowners to court to force an injunction on the alleged violation?

Just curious on your thoughts, or if anyone else has been through this. Thanks a bunch!

AugustinD
Posts: 5,144

Posted:

If you want to do it yourself, contact each homeowner and ask permission. It's possible others will see you 'leading by example' and join in.

AdamD1 (Indiana)
Posts: 179

Posted:

I hate to be pessimistic, but I can definitely see some homeowners rolling their eyes at me and giving me lip service, stating they will do it themselves at a later time. But who knows!

I was sort of going in under the theory of "easier to ask for forgiveness than to ask for permission."

LetA (Nevada)
Posts: 2,679

Posted:

What do your governing documents say about this issue? Are these trees on a tree lawn? Are these trees on private property. My HOA does all the landscaping.
If the trees are on a tree lawn, that could be considered common areas and the HOA would be obligated to trim the trees. If the trees are on private property then you have to
follow your governing documents guidelines from letter to fine to the association performing the service and billing the owner.

AdamD1 (Indiana)
Posts: 179

Posted:

Governing docs are silent regarding low hanging branches over sidewalks. None of the branches in question are from trees on HOA common properties.

Almost all of the 40 or so low hanging branches are from trees which are planted on the small strip of grass between the sidewalk and the public street. These trees were planted by the developer and technically are on county property as homeowner property ends at the sidewalk.

There are two or three low hanging branches over the sidewalk coming from trees planted on the homeowner side of the sidewalk - so on homeowner property, not county.

AdamD1 (Indiana)
Posts: 179

Posted:

I know I sound contradictory with my posts as to whether my docs address this issue. They are silent on specifically addressing low hanging branches. However I believe such an issue would fall under these CC&Rs that we do have...

Section 6.10 Nuisances. No noxious or offensive activities shall be carried on or be permitted
to exist on any Lot, nor shall anything be done thereon which may be or become an ·annoyance or
nuisance.

Section 6. 16 Unsightly Growth. In order to maintain the standards of the Property, no weeds,
underbrush or other unsightly growths shall be permitted to grow or remain upon any Properly, and
no refuse pile· or unsightly objects shall be allowed to be placed or suffered to remain anywhere
thereon. Failure to comply shall warrant the Declarant or the Association to cut weeds or clear the
refuse from the Property at the expense of the Owner, and there shall be a lien against said Property
for the expense thereof: which lien shall be due and payable immediately. If such lien is not promptly
paid, the Association or the Declarant may file suit and recover such amount together with reasonable
attorneys fees and costs of collection.

Section 6. 17 Site Visibility. No fence, wall, hedge or shrub planting which obstructs sight
lineS at elevations between two (2) feet and nine (9) feet. above the street shall be placed or permitted
to remain on any comer Lot within the triangular area formed by the street property lines and a line
connecting points twenty-five (25) feet from the intersection of said street lines, or in the case of a
rounded property comer :from the intersection of the street lines extended. The same sightline
limitations shall apply to any Lot within ten (10) feet from the intersection of a street line with the
edge of a driveway pavement or alley line. No tree shall be permitted to remain within such distances
of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction
of such sight lines. No fences shall be permitted to be constructed between the front set back line and
the street curb.

And here is our "self help" clause in our docs:

Section 10.1 Right of Enforcement. In the event of a violation, or threatened violation, of
any of the covenants, conditions and restrictions herein enumerated, Declarant, the Association or
any Owner and all parties claiming under them· shall have the right to enforce the covenants,
conditions and restrictions contained herein. and pursue any and all remedies, at law or in equity,
available under applicable Indiana law. with or without proving any actual damages, including the
rig.ht t0 sec~re _injunctive relief or secure removal by due process of any structure not in compliance·· ·
With the covenants, conditions and restrictions contained herein, and shall be entitled to recover
reasonable attorneys' fees and the costs and expenses incurred as a result thereof.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By AdamD1 on 03/19/2018 6:19 PM
Governing docs are silent regarding low hanging branches over sidewalks. None of the branches in question are from trees on HOA common properties.

Almost all of the 40 or so low hanging branches are from trees which are planted on the small strip of grass between the sidewalk and the public street. These trees were planted by the developer and technically are on county property as homeowner property ends at the sidewalk.

There are two or three low hanging branches over the sidewalk coming from trees planted on the homeowner side of the sidewalk - so on homeowner property, not county.

Your documents won’t always address every single issue that comes up in your community – otherwise no one would read them because they’d be too damned long! It’s hard enough to get people to read what’s already there. The documents should be flexible enough so that the community can establish other rules if necessary. Sometimes it’s not so much about rules but simply using one’s noggin.

You started by saying some of the homeowners weren’t trimming their low hanging trees which is causing problems for pedestrians. Now you’re saying some of the trees are technically owned by the county because they were planted in an area where the homeowner’s property ends. I would think that would make them the county’s responsibility, so has anyone tried contacting them to see if they will trim the trees?

But then, you said those trees were planted by the developer, so wouldn’t that make them community property and therefore the responsibility of the association? If so, it would appear the board needs to hire someone to trim those trees. If regular maintenance requires the assessments to be adjusted, so be it. Tell the homeowners why and if they complain (because nothing gets people riled up more than price increases), maybe they’ll start taking care of the trees themselves. I suspect they haven’t addressed the issue because tree trimming is expensive (I was just talking with one of my church members about that recently).

As for the trees that are on homeowner property, you could send them a polite but firm letter, asking them to trim the trees because they are a potential safety hazard. If the tree stays like this and we get a big snow, the snow will weight down the branches and fall down, just as someone’s walking by. If they don’t want a lawsuit (which they’d get if that tree is, in fact on their property), they need to trim the dang tree.
All of that being said, this is where you need to pick your battles. CCR enforcement is important, but people have different opinions as to what issues are important – and you already have a huge problem with apathy. It may be low hanging branches don’t make people that angry (for now, anyway).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DouglasK1 (Florida)
Posts: 2,046

Posted:

I would not go on private property and trim. If the limbs are overhanging the sidewalk or right of way that is HOA or publicly owned, then maybe. Our county has a requirement that trees be trimmed 14 feet above roads, and I think 8 feet above sidewalks, so they would send a notice if anyone reported the issue.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

As others have said, do not enter private property to trim anything without permission or a court order.

That said, who maintains the sidewalks?

If it's the Association, an argument can be made that it's common area and the Association would have the legal right to trim any branch at the edge of the sidewalk. However, I would not recommend that.

I don't know if your Association is actively enforcing covenants or not.
My Association does an annual inspection. Things like failure to prune the trees would be noted on the annual inspection.

You might try, with the Boards approval, sending violation notices to each owner in question.

AdamD1 (Indiana)
Posts: 179

Posted:

Hey SheliaH! Developer planted the god forsaken Bradford pear trees on the small strip of ground that's technically county property. I have called the county and they have trimmed said trees where the branches were interfering with vehicular traffic (street side) but ignored the other side of the tree where branches were hanging low over the sidewalk.

This issue really isn't something the HOA could legally take care of as a common expense since the trees are not on HOA property.

I agree, the couple trees which ARE on homeowner property and have low hanging branches which hinder walkers on the sidewalk would need to go through the property owner. But that leaves the majority of the trees which are on county property and that they won't trim themselves.

AdamD1 (Indiana)
Posts: 179

Posted:

TimB4... we have never enforced one CC&R over the nearly 20 years of the HOA existence. Thus, no annual inspection. Now that I'm on the Board, I'd love to do it, however, we just don't have the funds and homeowners don't show up to annual meetings where we could potentially raise the annual dues to a more appropriate amount.

I would imagine the homeowner maintains the sidewalks, but maybe the county would if pressured enough by the homeowner. We just have busy county workers who need work on higher priority projects.

Guess like I'm just SOL!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Pear trees, if not kept properly pruned, will come down in high winds.

Perhaps you can hope for a wind storm.

RyanV2 (New York)
Posts: 5

Posted:

I admire your initiative but the best bet is to get started with the 3 homeowners who agreed to volunteer. Like the others suggested, set an example and they'll follow.

Choose a block, trim a few in such a way that the owners notice, move on to another one and repeat.

But always ask for permission or they might act grumpy for absolutely no reason at all.

LetA (Nevada)
Posts: 2,679

Posted:

Safety & welfare, things that could cause imminent harm. My HOA just chopped down some Palo Verde trees because the roots were growing across the ground in a walking path "a trip hazard"

DouglasM6 (Arizona)
Posts: 724

Posted:

Get with the three homeowners that volunteered to help and go trim the trees that are on county land. Give a note to the owners of the lots with low hanging tree branches that reads something like...

"We are currently trimming the low hanging branches that impede pedestrian use on the sidewalks. These low branches may cause a safety issue to people walking on the sidewalks. If you would like to trim your trees personally it would be a big help! If not, please respond in writing giving us permission to trim the trees on your property that are part of the issue".

To the OP- Kudos to you for taking initiative!

KerryL1 (California)
Posts: 14,550

Posted:

It's great that you want to act on this potentially hazardous issue. And svn having a handful of neighbors hep might show others to work in this too.

And Douglas's wording looks pretty good. I do think you want the board to approve your work, and you might want to see how your HOA's insurance would cover you if any mishaps should occur. As a director, the very wise CEO of our Mgmt. Co. argues, our first obligation is to protect the Association.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By AdamD1 on 03/19/2018 6:19 PM
Governing docs are silent regarding low hanging branches over sidewalks. None of the branches in question are from trees on HOA common properties.

Almost all of the 40 or so low hanging branches are from trees which are planted on the small strip of grass between the sidewalk and the public street. These trees were planted by the developer and technically are on county property as homeowner property ends at the sidewalk.

There are two or three low hanging branches over the sidewalk coming from trees planted on the homeowner side of the sidewalk - so on homeowner property, not county.

If as you noted above it absolutely is County Property ... I would ask the County for the contact information for any Citizen who has been harmed by low branches over the sidewalk from County owned trees. Tell them you need to know who to sue when someone has their eye poked out due to improperly maintained trees on County property. Then sit back and see if they come out to trim the trees

AdamD1 (Indiana)
Posts: 179

Posted:

SheliaH - I don't mean to be so forward, but if I were to provide my email, would you be comfortable contacting me offline?

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By JanetB2 on 03/20/2018 1:57 PM

Posted By AdamD1 on 03/19/2018 6:19 PM
Governing docs are silent regarding low hanging branches over sidewalks. None of the branches in question are from trees on HOA common properties.

Almost all of the 40 or so low hanging branches are from trees which are planted on the small strip of grass between the sidewalk and the public street. These trees were planted by the developer and technically are on county property as homeowner property ends at the sidewalk.

There are two or three low hanging branches over the sidewalk coming from trees planted on the homeowner side of the sidewalk - so on homeowner property, not county.

This will work!

But you better hope you never need anything from them in the future, like a permit for the pool, etc. It's what I like to call poking the bear.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DouglasM6 on 03/20/2018 2:05 PM

Posted By JanetB2 on 03/20/2018 1:57 PM

Posted By AdamD1 on 03/19/2018 6:19 PM
Governing docs are silent regarding low hanging branches over sidewalks. None of the branches in question are from trees on HOA common properties.

Almost all of the 40 or so low hanging branches are from trees which are planted on the small strip of grass between the sidewalk and the public street. These trees were planted by the developer and technically are on county property as homeowner property ends at the sidewalk.

There are two or three low hanging branches over the sidewalk coming from trees planted on the homeowner side of the sidewalk - so on homeowner property, not county.

This will work!

But you better hope you never need anything from them in the future, like a permit for the pool, etc. It's what I like to call poking the bear.

My bet is the County will either trim the trees or they will send letters to adjacent property owners to trim depending on their County Ordinances. At a past property we had we were required to maintain half of the alley directly behind our home per the local ordinance and this might be similar situation.

AdamD1 (Indiana)
Posts: 179

Posted:

Here's the thing with our county: they are good guys, but just overworked. We (another board member and I) had a sit down with them last fall to gently explain to them that why former boards had provided snow removal on our public roads within our subdivision, the current board has elected to let county resume that responsibility. Since we are the largest HOA in the county, we wanted to ensure we would be taken care of... eventually, in the event of sizable snowfall.

I did contact them regarding the low hanging branches, and they eventually came out to the subdivision and trimmed the branches hanging low (scratching vehicles) on the street side, yet left the sidewalk side untouched. They said if the HOA were to trim the side walk side of the branches, they would come collect the cut branches and haul them away.

That being the case, I put this on the agenda and the board voted all in favor of making this happen with the help of homeowners. Since just a handful of homeowners gave measured responses out of over 430 homes in our subdivision, I decided to kill the project on the HOA side.

I'm still keen on doing it as a private homeowner, sans the HOA. I feel it is important for safety and to keep the neighborhood looking good. I think we've asked the county for a lot, but I'd hate to burn any bridges and when we do need them in the future, they won't be around.

AdamD1 (Indiana)
Posts: 179

Posted:

This is what county emailed me:

"I know of no ordinance that would allow or disallow residents from trimming street trees.

I do know that the HOA would be who I would direct people to if they were wanting to trim the trees for not only aesthetics but for ease of travelling the sidewalks.

We will come and pick up or chip up the limbs if you would pile them up for us.

Please wait for the weather to settle down whereby we will have the time to send a crew over to do the work."

To my knowledge, there are no county ordinances on the books like you mention.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Your County Ordinances should be available via their website. Ordinances pretty much are required to have public access so citizens can know what is or is not allowed via reading for themselves.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By AdamD1 on 03/20/2018 2:03 PM
SheliaH - I don't mean to be so forward, but if I were to provide my email, would you be comfortable contacting me offline?

I'd rather keep it private. However, when I see folks from Indiana write something on this board, I always try to respond (this way I don't feel alone in Hoosier HOA-land!) So, keep your questions coming and I'll do my best to give you some suggestions that might work.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

AdamD1 (Indiana)
Posts: 179

Posted:

I completely understand. No worries! I just was going to throw some specifics out there, which would otherwise be against the rules of the site. I'll keep my questions coming and will continue to appreciate your feedback!

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