Old trees in unit yards - HOA or owner responsibility

Started by JasmineC1 • 6 replies • 140 views

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JasmineC1 (California)
Posts: 2

Posted:

We are a small self-managed townhouse-like condo community and some of the units have old trees like redwoods and oaks in their yards possibly existing before the complex was built. The trees are very close to the buildings so it will need to be maintained time to time. I'm under the impression that the owners thinks that the HOA pays for it but we are not financially stable so it would be nice not to have to budget this cost.

The CC&Rs does not mention who is responsible for tree maintenance and only mentions owners are responsible for their patio landscaping. I interpreted that to include tree maintenance as some owners can plant their own trees in their yards. For these old trees, is there any chance that the HOA is responsible to maintain them?

TimB4 (Tennessee)
Posts: 21,059

Posted:

In my opinion, if the tree is in the rear yard and the rear yard is an exclusive use area, then it is the owners responsibility.

If you are truly a condominium development (not all town home developments are - you would need to see which laws apply (hoa or condo)), then any tree that is not in an exclusive use area would be the responsibility of the Association (in my opinion).

If the Association doesn't have the money, then this indicates that your assessments are simply too low and need to be raised.
My previous Association was a town home community. We budgeted $15,000 to $20,000 per year for tree maintenance (to give you an idea of how much your assessments may need to increase).

Failure to maintain/prune the tree as needed may cause other legal issues if something happens and negligence can be assigned.

No owner should be planting trees without the approval of the Board (as the Board would be the approving authority for any exterior changes).

TimB4 (Tennessee)
Posts: 21,059

Posted:

If you can provide what State you live in, the replies to your question can be more specific, as we can research any applicable laws.

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By JasmineC1 on 08/25/2025 9:43 PM
For these old trees, is there any chance that the HOA is responsible to maintain them?

Yes.

I believe offering a meaningful opinion here is not possible without seeing the entirety of your CCRs and knowing whether certain state statutes apply. Your CCRs and state statutes is where an attorney would start to answer your (very legal) question.

DeanJ
Posts: 1,786

Posted:

If the trees are in a common area, an area the HOA is required to maintain, the trees are the HOAs responsibility.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TimB4 on 08/26/2025 4:05 AM
In my opinion, if the tree is in the rear yard and the rear yard is an exclusive use area, then it is the owners responsibility.

If you are truly a condominium development (not all town home developments are - you would need to see which laws apply (hoa or condo)), then any tree that is not in an exclusive use area would be the responsibility of the Association (in my opinion).

If the Association doesn't have the money, then this indicates that your assessments are simply too low and need to be raised.
My previous Association was a town home community. We budgeted $15,000 to $20,000 per year for tree maintenance (to give you an idea of how much your assessments may need to increase).

Failure to maintain/prune the tree as needed may cause other legal issues if something happens and negligence can be assigned.

No owner should be planting trees without the approval of the Board (as the Board would be the approving authority for any exterior changes).

In an HOA where there is limited common area, the declaration should provide what is the owners responsibility.

As an example, if a privacy fenced rear yard with a concrete patio is limited common area and the declaration does not state the patio, fence and landscaping are the HOAs responsibility, the HOA is responsible for all the maintenance.

JasmineC1 (California)
Posts: 2

Posted:

I'm in California. The reserves is something that I'm working on improving since I bought into the community 2 years ago. But it's quite deep hole, community still made up mostly of the initial owners.

The patio yard is exclusive common area. Patio landscaping is explicitly mentioned as owner responsibility. Common area is HOA responsibility.

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