Large Dead Branch in Oak Tree

We have a few large oak trees in our Association and one up by the entrance has a large dead branch in it. The branch was broken about 2-3 years ago in the hurricanes and has slowly died. The tree is between two houses and each argues that the other is responsible. Homeowner B says that only 1/3 of the trunk is on their lot while Homeowner A says it is ½ and ½; the trunk is about 3 feet across. The branch has fallen from the center a bit towards Homeowner A.

When Homeowner A bought the property 2½ years ago and she was told by the owners at the time that it was the Association's responsibility to fix it. She came to a board meeting asking that we address it. We explained that the previous owner had lied to her and that it was her responsibility; she has since done nothing.

Branch has shifted within the last few months and is over the sidewalk and but still mostly attached. Our concern is that it will come crashing down on someone or something and that it is a liability. Dead branches are not specifically mentioned but the covenants do address this:

Each lot and all improvements and landscaping thereon, shall at all times be kept and maintained in a safe, clean, wholesome and attractive condition and shall not be allowed to deteriorate, fall into disrepair or become unsafe or unsightly.

We sent the two homeowners a letter asking them to resolve it within 30 days. 30 days would have been yesterday and nothing has been done. At the board meeting a week ago I was asked to get at least two quotes and then include those quotes in the next letter which is to be sterner. The problem is that there was a quote from obtained 2 years ago for $2,500. The most we can fine them for is $1,000 and so that is still cheaper.

Any ideas, any advise?

I agree that it is the HO's responsibility. In our community if the HOA takes care of something like this the bill is charged to the responsible Home Owners. It may take some time to collect, but if the home sells then out of the procides the bill is collected.

Rick

I don't know if this is right, but I always thought that whoever's property the branch is on then it is their responsibility. For example, the the trunk is in owner B's lot, but the branch is in owner A's lot then Owner A has a right to trim the branch on their property and therefore isn't it their branch? IF the branch spans two properties then it is both their responsibilities. If it is on Common Ground then it should be HOA responsibility. Am I dumb or is this how it works?

Brad:

You sent a letter giving 30-days, I would now send a final notice stating that the HOA will remove the tree at the expense of the Owner. Place the fee on their account. If it is hanging over the sidewalk it is now interferring with people and could present a hazard.

If they don't pay pursue like you would any collection debt.

BradD2: Since ..."These are single family homes where the owner owns and is responsible for the lot.." and the homeowner whose lot the tree trunk sits on is responsible for the dead limb, they should be sent a letter citing from the official documents that they are responsible for the maintenance, note that the limb could cause a liability issue for them personally, not the HOA, and give them so many days/weeks to take care of the problem.

If, after the noted number of time the problem has not been corrected, then you will be forced to contract with a tree trimmer and will present them with the bill for payment. Also cite the clause in the documents which gives the Board the authority to act in matters of maintenance with payment coming from the unit owner. If it comes to this, you would want to be certain that you and/or the tree trimmer can legally 'trespass' on their property to accomplish the deed.

P.S. If the broken/dead branch is due to a previous hurricane, would the owner be covered under their homeowners insurance?

BradD2:
..."part of the issue is the trunk is between two lots (as I mentioned in the first post)." The records will reveal who is the owner once you investigate with county records on who owns the ground the tree trunk sits on--that is the one responsible for the tree's maintenance (not the HOA, since you stated the owner owns the ground).

It is unfortunate that the present owner was given 'wrong info' when they purchased their unit, in that the previous owner advised that the broken/dead limb was the association's responsibility. But, ultimately, it was the new owner who should have confirmed the info, and, once they learned it was the owner's responsibility they could have insisted that the previous owner take care of it before both parties went to settlement.

The situation is unfortunate for all, but....buyer beware!

Maybe a licensed boundary surveyor is needed here, to determine which lot the tree is on, and if both, pro-rate the cost. Maybe the board hires the surveyor and that cost becomes part of the bills.