Dead tree letter

I don't have a sample demand letter handy, but I can tell you that as our HOA pres, I don't let it get that far (tree damaging anything).

Sending a demand letter will put them on notice that something on their property is their responsibility, and if it falls down and damages other property, that's their responsibility as well.

I do it a bit differently...since our CCRs allow some control over what can grow in a back yard. I say that it's impacting HOA property (HOA fencing, garage roof, unit trim, unit roof, etc), and that it needs to be removed by Such date. If it is not removed, so that it does not impact HOA property, then the HOA will bring in a tree removal person and bill the cost of removal to the unit owner.

What do your CCRs say about it?

I heard what you're saying.

I'm saying that MY CCRs allow our HOA to require owners to trim trees/remove trees ON THEIR OWN PRIVATE PROPERTY if the trees are in danger of damaging HOA property. If they won't trim/remove, the HOA will, then will bill the owner. These are trees that are growing in owners' backyards...completely private property.

Do your CCRs allow the HOA to protect its property from damage by things happening on an owner's PRIVATE property? Look in your documents, I'll bet it's there.

Then, you won't have to wait until the tree falls down due to weather, when it will cause a LOT more damage.

Also, if the tree is DEAD, and not dying...I wonder if you could just push this issue out to the city/county/muni... Might be a code issue.

I'm not sure I understand your question...

Are you asking how the HOA can cut trees down in the backyards of properties within the HOA? Maybe i have the terminology wrong.

These are Townhomes...with fenced in back yards... Essentially *private* property, but still under HOA jurisdiction, according to our CCRs.

I guess if that's your question...well, it's what we do. Legal? I'm not sure. No one's ever had a problem before.

I do have a similar problem with an apartment complex that owns property that sits next to us. They've built a huge fence, and they neglect everything ON THEIR PROPERTY that is on our side of their big fence. We can't tread with non-HOA as we do with HOA. That's going to require my HOA to slowly start to assume the care/maintenance of that strip of land without assuming the liability/property taxes.

I do know you're in a different circumstance, and I'd probably be right there with you if I were in your situation, but our owners are all part of our HOA, and our CCRs allow the association to take action on things growing in people's backyards that could harm HOA property. We allow NO PLANTING OF TREES...and all opportunistic trees (that grow without being planted) must be removed.

For us, it's that simple.

Lance,

I have to agree here with DJ. You have no control of property that is not within the HOA. You DO have the right to trim off anything hanging into your HOA airspace. The tree is dead and it will fall someday. Send a letter but the "DEMAND" part is scarey. How about a nice letter and take your chances that they might just be nice back. (That's why you have insurance)

Lance if you don't want to pay for the HOA attorney to write the letter which I strongly suggest you do, be very, very careful in what you say. As Donna suggests write a polite business letter noticing the tree and the potential for damage and ask them to remove it. Send it certified return receipt, regular mail and ask the Post Office for proof of mailing which you will need if the tree falls. I would also write a letter to the city/county noticing the tree problem and ask if there is anything that can be done, at a minimum when they answer you it will give you additional proof that you were trying to get it removed before it falls.

Lance:

Is the owner of the tree part of your community or another. I'm under the impression he lives in a different community.

We had a similar situation to this in our community, however, the tree was on common element and the homeowner wanted it removed by the association.

At any rate, if the owner is in your community, you obviously have more rights as others have said. If they are part of your HOA, you can generally require its removal for both aestic or safety reasons. Many bylaws, as another poster said, we let you go on to the property to remedy the situation.

If the homeowner is not part of your community, all you can do is send him a registered letter (I haven't looked into it, but maybe it would be encouragement to openly copy his insurance company as well), otherwise, the city might be able to help you or you'll need to get a court order. I'm fairly certain you have no rights to cut down someone else's tree unless they have given the the authority to by the nature of living in your deed restricted community.

Glen,

Is documentation really needed? If the tree falls and damages any part of the HOA property wouldn't the property owner be liable to make repairs?

Dee, and others, the OP has stated that the tree is on property that is not part of the HOA:

"I probably wasn't very clear before, but the dead tree is on property that is not part of the HOA. It's located close enough though that if it does fall it can damage HOA property. "

So it would be on property that abuts the HOA, but is out of its jurisdiction.

Most likely a fence or a wall, I would guess.

Unless it's really that close to a home or, if this is a condo, a condo unit.

But all that can be done is the paper trail asking that it be taken care of.

It may not have to come down, it may just need prudent trimming.

But there really is nothing that can be done if the owner just ignores the request.

Zoning enforcement of the local municipality MIGHT be able to cite them for it, but that all depends on what condition the tree really is in and whether zoning covers that sort of thing.

Thanks everyone for your helpful responses. The risk of damage is mostly to other trees, and if conditions just right, to a cluster mailbox and fence; and as DJ1 pointed out, anyone who just happens to be picking up their mail at the time.

As GlenL and others suggested, I will try a polite business letter to the tree's owner followed by a letter to the city. One or both are likely to be ignored but at least there will be documentation when it's needed.

Thanks again.