Owner wants neighbor to remove tree

We have an owner that is requesting, no, demanding that the board have his neighbor remove a sweetgum tree she planted 3 years ago. At the time of planting she did not get A.R.C. approval. She has obtained that approval now, but it is a mute point as the A.R.C. has no list of plants, trees or shrubs that are restricted. The tree is planted in her backyard 5 feet away from her fence and the lot line. His complaint is that he will have to rake leaves and pick up the little spheres that drop from the tree over into his yard.
This neighbor to neighbor dispute actually started 3 years ago when the complaining neighbor was cited for placing an over size storage shed next to the lot line.It was much larger than the one he had approved and he placed it on blocks which made it way to high and it extended 3 feet above the fence line. Variuos neighbors complained and he was made to take it off the blocks and move it away from the lot line. I think he is just looking for something now to get back at his neighbor.
I and fellow board members have told him there is nothing the board can do for him. It is not in violation of any of the governing documents or A.R.C. guidelines.

This is the fallacy of back yard restrictions. Like we cannot have a storeage building, play equipment, clothes lines or any other structure in our back yards that is visible from an adjoining property, yet there are no restrictions whatsoever about trees, bushes, vines all of which certainly can be seen, restrict sun on YOUR plants, and often create debris and more tension than a building or clothes line ever could - yet as Roger states - this is not a matter for consideration by the board. I am even surprised your ARC has authority over approvals of back yard landscaping.
If we were to plant everything with regard to its final size so as not to intrude on a neighbor's property, we would have a jungle in the middle of the yard with this nice clear space all around the fence LOL. So tell your neighbor to plant some bamboo or oleanders on his side of the fence, especially if he is down wind from you. That should make enough mess on your side to compensate him for your mess. Harold

DavidH4 and posters,

Just curious why ARC approval was sought and garnered in the first place, albeit after the fact?

American Sweetgum has two varieties, the most popular styraciflua. It is is a very messy tree, grows 60 - 75' at maturity, and has mace-like fruit 1 to 1 1/2 " in diameter that fall to the ground when dead. It grows 2 to 3 feet per year which could be a small concellation for the neighboring owner that is thinking ahead, and may not plan on sticking around for the tree to become a nuisance.

Keep the storage shed issue out of your reasoning regarding the importance of the complaint. The owner that is complaining is 100% correct about the poor choice of tree and location. The question is, does the ARC have oversight over this. If you say it does not, than instruct the owners to work it out themselves. But you may want to provide the owner that planted the tree, the full facts on the future growth, and habit of the extremely poor choice.

What has occurred is an extremely poor planting of a species more appropriate in the middle of a large expanse of lawn.

GeraldT1
NNJ

DavidH4,

I have just read all the previous responses. I would have to agree with the majority of what was written. I don’t feel this is a situation that should involve the BOD at all. These homeowners need to communicate among themselves. If at that point they can not come to an agreement. As previously posted by JosephW “I think that the neighbor cannot force the tree to be removed, and will have to clean up anything that blows into his yard, however, he has the right to trim anything that grows over the fence or property line” Legally I would have to agree but, It won’t make for a pleasant living experience, that is for sure. It will cause some major problems between homeowners.

I believe the problem all started when he submitted his plans for this tree to the BOD. They approved it, not taking into consideration it potential growth or it's potential to bare fruit, flowers or nuts. There lies the problem. If they would just talk with one another, I’m sure it could be settled.

Especially if the one homeowner tells the other that he will “be trimming what is on his property, or hanging over the fence” This tree may damage the fence over time. Would the owner of the tree be responsible for such damages? I would think so!

If you are going to get involved, I would suggest speaking to the one neighbor who has the tree. Tell him that the BOD can not do anything about his tree. Inform him that if so and so wants to, he can trim what even is hanging onto his property. I don’t think that is something that he would want to avoid.

Sorry to hear of your problems.
Best of luck,
Chuck W.

Thanks you for your response. The BOD never had any communication with either owner until the tree had grown tall enough to be seen above the fence years ago. The complaining owner feels his neighbor planted the tree to annoy him over the shed incident. He even applied to the ARC for the same type of tree, which he said he never planned to plant. He was just testing the ARC to see if they would approve it.
Thanks to everyone for their responses.

one interesting fact about trees is that their root zone is almost exactly the same as their leaf zone: meaning, if branches and leaves overhang a "Line", then the odds are high that the roots also cross that line, underground. If a tree hangs over a fence into my yard, odds are that the roots extend into my yard as well.

I will say no more.

Why would you want to block your neighbors view of the golf course? I suggest discussing this with your neighbor first, to see if you two can come to a mutual agreement, and then submit that to the ACC.

Yes your board most likely has the power to approve/disapprove any additions or modifications to your property. Consult your CC&R's and your Rules & Regulations, and go to a board meeting and ask to speak with the ACC chairperson to learn morea about the approval process.

Sorry for the late response. The request for approval was sought by the owner after she was notified that there was a complaint. Why the ARC approved it, I have no idea. The Board has no authority over the ARC at present since it is controlled by the delveloper.

DavidH4,

The developer is the board, the board has the authority. The board does not begin only when unit owners occupy it. As you've stated, "nothing can be planted except what is approved by that Article and the Architectual Review Committee.". Your cc&r's seem to indicate by this paragraph that it has the authority to authorize.

GeraldT1
NNJ