Neighboring HOA

Started by MikeS35 • 11 replies • 650 views

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MikeS35 (Arizona)
Posts: 3

Posted:

First post in this forum.

There are trees just on the other side of our back wall that belong to a neighboring HOA.
There is, was a large mesquite directly behind us that provided tremendous amounts of shade, esthetics and probably helped our a electric bill a small amount.
The neighboring HOA removed it citing liability concerns. Some of it did extend in to our yard. The tree has been there for 26 years. We moved in 1.5 years ago and loved the tree.
Now there is just brutal AZ sun all day long.

We tried to explain to the neighboring HOA president what the tree meant to us. He was there when it was cut down. He didn't care.

They did not notify us that they were cutting it down.

Anybody have any similar issues. Do we have any recourse?

Thanks,

Mike

JohnT38 (South Carolina)
Posts: 1,631

Posted:

If the tree is on their land why would you think you would have any recourse at all?

MikeS35 (Arizona)
Posts: 3

Posted:

Yes, I realize the tree is on their land but I would think there would be some consideration for the affected homeowner.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Get permission to plant your own tree or find another shade solution. It was never your tree. The law says that you can trim the branches that fall on your side of the property line. It doesn't say you own that tree and can decide what to do with it,

This could not be any timelier for me... I had a set of trees growing mere inches from my garage. 2 of the 4 tree were rotten. 2 were in good condition and provided good shade. They were connected at the trunk where cutting down would make the 2 good trees unstable. 1 rotted tree fell on my neighbor's house during remnants of hurricane came through. He was showing the house for sale in a few hours and we were mortal enemies. (Long history of fighting). Because the tree was rotted it fell on MY insurance as a claim. I failed to keep the tree from being a "danger". Paid for my neighbor's new roof and repairs...

The second tree 2 weeks ago fell on my house! Luckily, it did minimal damage. It put a few holes in roof over garage and biggest section went through my deck. I was already taking the deck down. My deductible was over 2K plus another insurance claim. Which I was trying to avoid because had already had one 2 years ago for my neighbor's home. It took me nearly 2 weeks to get a roofing contractor to come out and a week to get the trees removed. The trees were in such a position that it took a remote control tree remover to take down. Did I mention the trees were also blocked in by a fence, a special 50 year old dogwood, and 20 feet from neighbor's house? Yeah, they had only a 3 foot clearance to take down 4 HUGE trees!

After got the trees taken down because they were a danger, my neighbor tells me..."I am going to miss the shade. There goes the A/C bill". Uhm... Yeah... The tree was going to fall on our houses again and were a danger... I spent years never sleeping upstairs for fear of these trees falling down on our houses!!!

So consider the other side... I am out of shade too but my house is much safer from having a tree come through it!

Former HOA President

NpS (Pennsylvania)
Posts: 4,216

Posted:

We've been doing a significant amount of tree removal and planting over the last number of years.

Our most dangerous trees were planted way too close to houses. A 5' tall tree might look great when it's planted 4' away from a house. But when that tree grows to 80', it's dangerous. In total, we've removed around 250 trees.

The closest trees provided the best shade, and those were the ones where we got the most objections.

Because the scope of the project, we checked with our lawyer on the issues of light and shade. We learned that, in PA, there is no right to light or shade unless that right is identified in the Declaration. Since that right wasn't specifically identified in our Declaration, we moved ahead - over the objections of some of our owners.

If we had no obligation to our owners, we certainly had no obligation to anyone outside our community.

Sikubali jukumu. Read all posts at your own risk.

PestY
Posts: 128

Posted:

Quote:

Posted By MikeS35 on 07/07/2019 12:08 PM
First post in this forum.

There are trees just on the other side of our back wall that belong to a neighboring HOA.
There is, was a large mesquite directly behind us that provided tremendous amounts of shade, esthetics and probably helped our a electric bill a small amount.
The neighboring HOA removed it citing liability concerns. Some of it did extend in to our yard. The tree has been there for 26 years. We moved in 1.5 years ago and loved the tree.
Now there is just brutal AZ sun all day long.

We tried to explain to the neighboring HOA president what the tree meant to us. He was there when it was cut down. He didn't care.

They did not notify us that they were cutting it down.

Anybody have any similar issues. Do we have any recourse?

Thanks,

Mike

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By MikeS35 on 07/07/2019 12:08 PM
First post in this forum.

Welcome to the forum. Seriously consider what you're saying. It's not your tree and it's not on your land. What the owner does with it is his business, not yours. You have no recourse, nor should you.

MikeS35 (Arizona)
Posts: 3

Posted:

Thanks for the responses.
Rationally I realize there is little to nothing to be done legally, it's their tree, just reaching.

They just pissed us off, at 9am had a great shade tree, by 10am it's all gone.
Time for plan B whatever that is.

Thanks,

Mike

JohnT38 (South Carolina)
Posts: 1,631

Posted:

I'm going to respectively suggest that 'Plan B' is to simply move on and get over it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I am now looking into installing a ventilation fan into my garage. Already have a whole house fan in the house. The ventilation fan should help in both winter and summer months in dispersing the heat. Not sure what kind of roof system you have. I'd recommend looking into some ventilation, insulation, or air circulation in.

Good news for me was lucky enough to have an existing window in garage that needs taken out anyways. The tree were blocking access. Otherwise, may have to open a hole up in the wall to install. You can also install it with a timer if you have an outlet nearby so it's not running all the time.

Former HOA President

AugustinD
Posts: 5,144

Posted:

Mike, in my city (which is not Phoenix) by law, first, no one can remove a tree without the city's permission. Second, if the tree owner gets permission to remove it, city ordinance requires that a new tree be planted.

I do not know where you are. The City of Phoenix has an FAQ on landscaping at https://www.phoenix.gov/pddsite/Documents/TRT/dsd_trt_pdf_00189.pdf. On it is the following:

Q: Am I obligated to salvage native and non native plants?
A: Generally, existing native vegetation (trees 4 inch caliper in diameter or greater and cacti 3 feet in height or taller) and non-native healthy plants (trees 4 inch caliper in diameter or greater and cacti 6 feet in height or taller) should be salvaged and utilized on site or protected in place when possible. Refer to sections 507 Tab A.II.A.1.1.1
and 507 Tab A.II.A.3.1.1 of the Phoenix Zoning Ordinance. You may view this section at
http://www.codepublishing.com/AZ/phoenix/?PhoenixZNT.html.

Tread carefully as you investigate this. Neighbors you report for a violation are more likely to hold you to a high standard of compliance.

LetA (Nevada)
Posts: 2,679

Posted:

It is their land, you are not part of that HOA, and they have no responsibility to notify you. If you want shade, have a sun shade sail "retractable awning" installed on the back of your house.

PS Mesquite trees have a very invasive root system, they did you a favor by removing it.

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