💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PaulaW2 (Hawaii)
Posts: 23
Posted:
Someone has decided that one tree isn't good enough - and apparently didn't look into how tall they will grow. This person has planted about a dozen Kukui trees at his property line, a couple of which are encroaching on his neighbor's property. At this point they aren't a problem, except for the encroaching, and that neighbor "doesn't want to start a war" but he is concerned. There's nothing in our documents preventing the planting of the trees, but there is about how tall they will get, and they will get tall. So what should the board do at this point? Honestly, it is so ridiculous that people don't use common sense in these situations. Maybe we should put that in the CC&R's.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Is this an issue that went before our ACC? And if so did they give approval for the trees?
PaulaW2 (Hawaii)
Posts: 23
Posted:
I'm not sure what ACC is, so I can't answer that. There was no particular reason for the homeowner to seek permission to plant trees on his property except common sense. The quantity is high and he seems to have disregarded where the property line is. Mostly the concern is for the speed these trees will grow, and we do have height limitations he needs to be aware of and abide by. Right now our sense as a board is that we should probably just offer a general reminder to homeowners about trees and their maintenance. It's one of those idiotic things people do.
JanetB2 (Colorado)
Posts: 4,219
Posted:
The ACC would be your “Architectural Control Committee”. In most HOA’s the owners via your governing documents are required to submit any landscaping, construction changes, fencing, etc. to this Committe for review. So therefore, what do your governing documents state with regards to this issue?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
After we did a tree cutting project, we put out regulations on trees. Consulted the City's Arborist and passed out their brochures. Informed people that trees needed to be on that brochure to plant. It was our new standard for planting trees. Given we did not have that big of yards most did not plant big trees. Our biggest issue was the Bradford Pears. Which are beautiful trees but dangerous. We had to get a majority of those cut down. Which everyone should be aware of. The tree may need to be cut down one day.

Former HOA President
AugustinD
Posts: 5,144
Posted:
Is there anything in the governing documents about encroaching on another's property? Depending on the encroachment/trespass, this can be a big legal deal.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here