HOA TO REPLACE CITY TREES

Something has come up with our hoa that leaves me alittle unsettled. Our streets in the hoa are owned by the city.they maintain the utilities,street,ect.The city shows that their right of way extends 15' from the curb line whichs all the trees are located plus sidewalks. Due to the recent storm (hana) the hoa plans to replace all the trees that were downed,plus replace all the holly trees which they seem to dislike.Is this not the same as the hoa taxing us on the citys behave? What liabilities would the hoa occur? Is this even legal?

No lawyer here .. .. but doesn't right of way really mean a use easement that the city has? The city may not actually own that property, but by owning/maintaining the streets, they have this right of way?

I guess you really need to know the property line of the HOA's common property to fully assess this situation.

John,

I think that you are right. The City probably does not cut the lawns either because it is owner property with an easement of 15 feet used by the City. Very very common to see this anyplace where the city owns the streets. Does the City plant flowers in that area around the trees. My guess is that it is also a NO! Just like easements that an association has on owner property between the houses. Owner owned but association has an easement.

There is no evidence of an easement here, folks. The word is not even used. Please don't assume facts not in evidence. This is most likely a municipally owned right of way, not an easement.

In my neck of the woods, although the city owns the street and sidewalk, the owner of the abutting property is responsible for landscape maintenance, including sidewalk snow removal.

The homeowners association has no say whatsoever as to what is planted, since it is on municipal property and regulated by law.

The law requires a permit to plant street trees in the city right of way. The city arborist approves the permits.

There is a list of prohibited trees and a list of recommended street trees (if you like I will post it).

With all that said, I think it is a good idea for the association to take the lead in replanting the trees, depending upon local regulations. There is few things that enhance a neighborhood than a tree lined street. I would support such an effort, even if it were not specifically required in the covenants.

Davis,

What liability would obtain from the association taking the lead to replace trees? I don't see any, certainly no liability that would not be covered by insurance.

It there is a municipal tree planting program, do take advantage of it. Be prepared to wait for years and years.

We face a similar situation in snow removal every year. The city is technically responsible, and clears streets in the old sections of the city. That is what our taxes are for. But if we did not pay for it ourselves, it would be August before the city got around to snowplowing our residential streets.

On the surface, without any more information than that posted here, I think it is a great idea.

This area is a right of way here in our Village. The HO maintains this area. Our Village will replace trees - and do so within the year (Fall planting - although could be the following Fall).