HOA palm tree trimming

Started by IrmaP • 4 replies • 850 views

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IrmaP (Arizona)
Posts: 2

Posted:

My HOA property manager is trying to tell me I have to trim a palm tree that falls half on my side and half on my neighbors side. As far as I know I can’t trim my neighbors side legally. Correct? I need help here because this HOA property manager in particular has it out for me for telling her she was not helping anybody, in a heated phone discussion. Can I get away with telling her that I can legally trim only up to my property line? Thanks in advance.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Typically your neighbor can cut any limbs that go into their property line. Does that make you or them responsible for trimming the whole tree? I would say if the tree is on your property then you are responsible for trimming the WHOLE of the tree. Now the neighbor can trim whatever limbs exceed into their property line, but not necessarily the WHOLE tree. Just that which crosses.

So yes, you have to take care of the WHOLE tree as it is on your property. Just like your neighbor would be responsible if the tree was on their property. So yes your answer is you have the whole tree to take care of. Whether you need permission from the neighbor to enter their property to do the work, may be the other question.

Former HOA President

IrmaP (Arizona)
Posts: 2

Posted:

The tree is mostly on my neighbors side. Not mine. But HOA is stating that it’s fully on my property, which it isn’t.

LetA (Nevada)
Posts: 2,679

Posted:

First question: Is this in your backyard or front yard?? Second question: If it is in your front yard, Is front yard landscaping included in your assessments?
One solution is to pull the plats and measure the tree to the property line, take pictures and show details.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Talk to your neighbor to come to a decision as who owns the tree.

If you can't agree, see if past PLATS show the tree.
Also check google earth to see an earlier photo (if available) when the tree may have been smaller to try and determine who owns the tree.

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