Tree blocks view dispute

Started by RobertW31 • 8 replies • 839 views

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RobertW31 (New York)
Posts: 41

Posted:

Trees and bushes must be kept in a reasonable state of trim so as not to block views. This is essentially a statement in our rules and regulations of our townhouse community.

Adjoining neighbors have had years long dispute over what is now a large pine tree owned by one neighbor blocking the view of the other. The owner has trimmed it on the side that does not improve the neighbors view. The owner of the tree has refused to take it down. The tree is an original on the property so not something the board approved. The tree owner recently offered to take the tree down if the neighbor would withdraws a complaint about a new deck with a privacy fence that was not submitted in advance for approval. The Board has already requested that the deck be modified.

The owners whose view is blocked have now filed a complaint with the board asking that the tree be removed.

The board has to decide this issue and there are many mature trees in this development so what we decide will set a the ground work for future issues. We are in new York Sate.

Does anyone have any guidance on this issue?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I would say the HOA owns this tree IF it was part of the original development. If it was NOT planted by the owners of that home. It was part of the original build then the HOA can argue they own the tree and thus can remove it. It would be a different story if this was an owner planted tree. The current owner has exclusive use of the tree. Doesn't mean they own it.

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By MelissaP1 on 07/25/2018 3:46 PM
I would say the HOA owns this tree IF it was part of the original development. If it was NOT planted by the owners of that home. It was part of the original build then the HOA can argue they own the tree and thus can remove it. It would be a different story if this was an owner planted tree. The current owner has exclusive use of the tree. Doesn't mean they own it.

Sorry ... the HOA DOES NOT own the tree unless it is located on “Common Area Property”. Many builders will try to keep native trees when building homes and which then potentially become the property of the owner who purchases the property on which the tree currently resides.

My question to the OP: Is the tree located on Private Property or on HOA Common Area?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

RobertW31 (New York)
Posts: 41

Posted:

Thanks for the info and perspective. I believe the tree which is on the owner's property was an original tree when the homes were built. The Declarations and By-laws don't help with this but what ai stated in my note is in the rules and regulations. It only refers to trimming the tree (we could take the extreme position that it needs to be trimmed off at the stump). I don't see anywhere that the Association is responsible for original trees no matter where they are.. It is clear that the view is obstructed by the tree, since without the tree there would be view across the tree owners property to the river and city below.

JanetB2 (Colorado)
Posts: 4,219

Posted:

If this is the EXACT verbiage from your governing documents ... then potentially the HOA is responsible to ajudicate and resolve:

Trees and bushes must be kept in a reasonable state of trim so as not to block views.

Keep in mind the exact verbiage can make a difference in how interpreted. While we are not attorney’s many of us have seen and read many different CCR’s. If an owner chooses to take the HOA to court ... potentially the HOA could loose that lawsuit. My recommendation would be to address with the owner via this section and see if they will further trim to please the neighbor and discuss with the neighbor if trimming enough to not potentially kill the tree would be good. Sometimes bringing two parties together in a non-confrontational setting to discuss options can reap benefits which both will agree.

MikeM35 (Virginia)
Posts: 4

Posted:

If I'm reading this correctly,

-the owner of the tree built a deck and privacy fence without prior HOA/ARC approval
-the neighbor who's view is blocked by the tree filed a complaint pertaining to the deck and privacy fence
-tree owner bought his house with the tree already planted
-ASSUMPTION: tree didn't originally block view but grew to do so
-the neighbor then filed a complaint about the tree blocking their view
-the tree owner/deck and privacy fence owner offered to take down the tree if the complaint pertaining to the deck/privacy fence was dropped

If all the above is true, would the Board object to the solution proposed by the tree owner? Would the neighbor dropping the complaint about the deck have ANY effect on the Board's request for revising the deck? IOW - can the Board still request/demand changes to the deck to make it compliant without a neighbor complaint?

RobertW31 (New York)
Posts: 41

Posted:

Yes your summary is correct. We don't need a complaint to ask someone who did not get prior approval for a deck to modify it. The person who owns the deck and the large tree was on the board at one time and knows full well that prior approval is required for any exterior change.

So the complaint about the deck and the lack of getting prior approval combined to make the board decide that the deck must be changed. It may not have come up if a complaint had not been lodged.

So in retrospect if the people filing the complaints had been able to negotiate with their neighbor this entire issue probably would be over. But that did not happen since the board acted quickly concerning the unapproved deck.

So the basic question is about the tree. I sort of think we are stuck with the way things are and the tree stays. Trim does not mean cut down or replace. We can always change the wording of the rules but then we are likely to get a lot of complaints about neighbor's trees.

MikeM35 (Virginia)
Posts: 4

Posted:

So the cut the tree deal is off the table - should have guessed.

My approach, which you may have already tried, would be to try and see if there is a level of trimming that would appease the neighbor without taking down the tree. I would think the language you have in place regarding keeping trees and bushes trimmed so as to not affect views gives you some leverage to push the tree owner into action.

I can appreciate your concern about precedence in this situation. You could find yourself cutting down a lot of trees if you force this one to come down. Good luck!

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