From the Treetops

You are here

Home » Blogs » From the Treetops

Every person, from homeowner to lawyer, represents a unique perspective. As a board member, each perspective demands unique attention and can push you in different directions. In this series, we will examine some common issues facing HOAs, identify a variety of important perspectives, and use information from industry experts to offer a comprehensive view.

“The tree which moves some to tears of joy is in the eyes of others only a green thing that stands in the way. Some see nature all ridicule and deformity... and some scarce see nature at all. But to the eyes of the man of imagination, nature is imagination itself.” - William Blake

“Seriously, did that squirrel just jump on my roof again from my neighbor's tree that needs to be pruned? I'll be pulling out my shears tomrw" - Somebody on Twitter

What is a tree to you? To your neighbors? Trees can represent beauty and shade, increased property values, maintenance expense, nuisance, and liability. Where you see beauty, your neighbor may see only a mess in the yard, a raised sidewalk, or a damaged roof. How do you respond to the challenge to see problems through all eyes: to recognize different needs, and to respond objectively?

California has (mercifully) dodged the polar vortex engulfing the East Coast, but the winter season can still cause difficult times for associations with large trees. While trees provide aesthetic value to a landscape, they can also cause disputes between neighbors, and demand a great deal of planning, maintenance, and care. Issues of legality and liability seem to arise most often during the winter – a time when storms and natural disasters can cause trees to fall over and injure residents or destroy property. Here we summarize the most common tree-related issues faced by HOA boards: tree planning, maintenance and liability.

Treescape Planning

Elizabeth Lanham, Certified Arborist for Serpico Landscaping, believes that deliberate and organized tree planning is the key to producing an attractive and safe landscape. Indeed, planting trees in the wrong place can lead to unanticipated consequences. A tree planted near concrete, for example, can create safety hazards and maintenance issues if its roots displace the sidewalk or street. The key to tree planning is to research and understand different types of trees before embarking on landscape renovation. In her article, “Happy Trees, Happy Homeowners,” Lanham has outlined a few things to consider when planning your treescape:

  1. What is the potential size of the tree and its roots once it is full grown?
  2. Is the tree fruit-bearing? If so, will it be planted in an area that will not create a nuisance when fruit drops?
  3. Are trees planted a safe distance from power lines and underground utilities?
  4. Are the trees native and/or appropriate for the type of climate in which you live?
  5. It may be helpful to hire an ISA-Certified Arborist to help select the right trees and inspect the trees before installation to ensure that you are planting good quality nursery stock.

Maintenance

Trees provide beauty and shade during the summer, but can become a liability when natural disasters strike. Having a landscape maintenance strategy is especially important for the winter season, given the possibility of stormy weather and safety issues. Robert Booty, Principal Consultant for Arborist OnSite, answers frequently asked questions regarding tree failure and discusses maintenance tips in his article, “Can You Sleep on a Stormy Night?”

Some of his suggestions include:

  1. Have trees inspected by a qualified and knowledgeable professional, such as an ISA-Certified Arborist.
  2. Ensure that all trees are properly pruned and/or thinned.
  3. Check for cavities and fungal growth on tree trunks, which may indicate decay.

Legal Issues

In order to avoid liability and damage, HOA attorney Tom Fier advises that boards become familiar with local and state laws regarding tree planting. Further, Fier recommends that the board assigns responsibility for maintenance of trees and landscaping. As it relates to trees, the California Civil Code Section 3346 outlines ownership and damages for injury, and describes what factors constitute a nuisance. In his article "Trees," Fier outlines the most common legal issues among HOAs regarding trees: removal, view and/or privacy issues, overplanting, and cost as it relates to maintenance and planning. As a means of preventing further liability, Fier recommends hiring a tree expert prior to making any changes to pre-existing landscaping.

Whether you are dealing with current tree problems or just planning ahead, try to keep each of the perspectives above in mind. These tips above can enhance property values, and help your HOA reduce the risk of tree-related injuries and potential lawsuits.  

Blog Category: 
Legal
Maintenance

Comments

Submitted by Anonymous on Sat, 2014-10-18 07:31

As a board member, I would love to be able to ask vendors questions about "proposed" or "planned" work that I as a board member need knowledge about to determine if the work can be done, should be done and if so how the work should be done.  The Property Manager tells me that I can not talk to vendors (those without a contract with the Association) for informational purpose.  Board members being treated like mushrooms (kept in the dark, and feed one side views of the PM) and then asked to vote on a contract at at regular Board meeting is so against what I feel a board member should be doing.
Advise me how I can go about gathering information on future projects.  I know not to offer contracts, even mention there might be one, so what is the problem here.
 
Earl Maple, Board Member, Greystone Landing, Huntington Beach, CA

Submitted by muneer on Sun, 2019-12-15 02:38

I am extremely delighted in for this web journal. Its a useful subject. It help me all that much to take care of a few issues. Its chance are so awesome and working style so rapid. acne scar removal cost

Submitted by muneer on Sun, 2019-12-15 02:43

It is imperative that we read blog post very carefully. I am already done it and find that this post is really amazing. relocation services singapore

Submitted by muneer on Sun, 2019-12-15 02:54

Visit our site to find more about wedding photographer Northern Virginia. We offer engagement and proposal photography in Va. ipl hair removal treatment

Submitted by muneer on Sun, 2019-12-15 03:00

Thanks a lot for sharing us about this update. Hope you will not get tired on making posts as informative as this. event photography rates

Submitted by Anonymous on Sun, 2014-10-26 20:46

Solar panel policy was discussed at a recent HOA meeting.  It is my understanding legal counsel must provide the language which is incorporated into the CC&Rs.  Is this true?  I have been advised that there is "boiler plate" language which can be used without going through an attorney.  Is this true & if so where can it be found?
 
 

Submitted by Anonymous on Thu, 2019-07-11 02:23

lawn mowing glendale www.glendalelawnpros.com interesting for gardeners indeed

Submitted by asd on Sat, 2019-09-28 14:43

I truly awed after read this in light of some quality work and educational contemplations . I just wanna express profound gratitude for the essayist and want you to enjoy all that life has to offer for coming!. voyance-amour-eternel.com

Submitted by muneer on Sat, 2019-11-09 08:48

Thank you again for all the knowledge you distribute,Good post. I was very interested in the article, it's quite inspiring I should admit. I like visiting you site since I always come across interesting articles like this one.Great Job, I greatly appreciate that.Do Keep sharing! Regards, meilleure voyance par telephone

Submitted by muneer on Sat, 2019-12-14 08:31

Visit our site to find more about wedding photographer Northern Virginia. How far is Phoenix from Las Vegas We offer engagement and proposal photography in Va.

Submitted by sds on Tue, 2019-12-24 01:51

Is it okay to post part of this on my website basically post a hyperlink to this webpage?
t shirt design maker site

Submitted by sds on Wed, 2019-12-25 03:28

Thanks for your insight for your fantastic posting. I’m glad I have taken the time to see this.
imprints-tshirt custom t-shirts

Submitted by Anonymous on Mon, 2014-12-15 17:47

My understanding of the fiduciary duties of a Board member suggests they protect the HOAs rights, avoid doing harm, and maintain legally required pivacy rights.
I certainly don't know it all, and have not read it all either, but I would be very disappointed to find there is any legal basis preventing anyone including a Board member from educating themself about matters their HOA is or may need to address by hiring a contractor.  In fact, though the Davis-Stirling Act provides guidance allowing a Board to pay for professional advice, and education, I have not read anything that suggests it prevents an individual Director from speaking with vendors (if there were an ongoing legal dispute with a vendor, that would seem a reason to not speak at least about the subject of the dispute).  Disclosure:  my ideas are not legal advise, and I am not a lawyer.  
It is possiblle that a Property Mgr. is a control freak, or had previous bad experiences, and also wants to avoid too many points of contact.  The easy solution is to invite vendors to address the whole Board so they can all get the benefit of learning together.  However, for a Board member to speak with a vendor who is not contracted to the HOA (without revealing any proprietary info) is not much different from doing any other form of research.
It's as crazy as the idea that a director should not have the right to cast a disenting vote!  Consensus means we all agreed to go along wether we like the decision or not.  Fiduciary duty means even if you voted NO, when over ruled, you must now publicly work to make that policy work, rather than to under-mine it.  Big difference.
 
 
 
 
 
 
 

Submitted by De basis is On page optimalisatie on Thu, 2019-09-05 14:55

On page betekent de activiteiten c.q. werkzaamheden die uitsluitend te maken heeft met alles binnen uw site. Met Site Explorer kunt u een domein/URL in detail analyseren en verkennen. Gebruikers met een Lite en Pro API abonnement hebben toegang tot de volledige functionaliteit van deze analyse seo tool voor webbouwers en developers. De basis is On page optimalisatie

Submitted by Anonymous on Mon, 2019-01-21 04:18

Youre so cool!…the next time I read a blog, I hope that it doesnt disappoint me as much as this one. brain games for adults

Submitted by asdas on Tue, 2019-09-03 06:50

"Bron: Wikipedia. Een autoverhuurbedrijf is een onderneming
die auto's verhuurt. Dit kan zowel een bedrijfsbus,
vrachtwagen, truck, bestelbus, bestelwagen, verhuiswagens,
aanhangers of andere type bedrijfswagen. Er zijn veel
landelijke opererende verhuurbedrijven met vestigingen door
het hele land.

Vaak kan met een bus of auto huren per dag, week of langere
periode bijvoorbeeld voor verhuizing of vakantie. De huur
van een personenauto in combinatie met aanhanger is ook
veelal mogelijk. Er is altijd een autoverhuurbedrijf bij u
in de buurt. Bij bekende tankstations kunt u vaak een
zogenaamde boedelbak aanhanger huren." Autoverhuurbedrijven

Submitted by asdadada on Sat, 2019-12-14 12:29

I'm constantly searching on the internet for posts that will help me. Too much is clearly to learn about this. I believe you created good quality items in Functions also. Keep working, congrats! showbox download

Submitted by Rensuh on Wed, 2019-01-23 03:06

mozilla firefox free download latest version can move easily download between devices and open your files from www firefox com download free and pick up right.

Submitted by the impossible quiz on Mon, 2019-02-18 04:26

Your article has made me experience and deeply impressed, I hope you will have more interesting articles in the near future to share with readers.  the impossible quiz

Submitted by asdadada on Sat, 2019-09-14 05:42

In 2016 is een type e-sigaret op de markt gebracht dat gebruik
maakt van een verdamp-element met een lage weerstand, in
combinatie met een batterij die een hoog vermogen kan afgeven.
In dit type e-sigaretten kan hooguit 3 mg/ml worden gebruikt.
De huidige norm is niet bekend. Batterij en verdamp element

Submitted by SharpMorrison on Fri, 2019-03-01 02:49

The connection between these services and spatial criteria is set in graphs and changed into spatial plan standards for urban trees and woods. At that point, new ideas for timberland setups are created and Dissertation proposal service will be connected in the structure of a treescape for contextual study areas.

Submitted by Desiree Reitman on Mon, 2019-03-04 02:07

I didn't realize how much get's involved in cutting down a tree. It's about as bad as getting a Sacramento family lawyer to help with divorces and not just want your money.

Submitted by Anonymous on Mon, 2019-03-18 11:44

So what gives? Is cheating a a learned trade, or an inherited vice? One hypothesis goes back to the same old evolutionary argument: men want quantity, women want quality.
https://blog.loveawake.com/2018/08/13/fiancee-visa-philippines-k1-visa-k3-visa/

Submitted by muneer on Tue, 2019-09-03 07:06

Hieronder ziet u een overzicht van belangrijke plaatsen waar
wij zowel het personenvervoer als ook onze koeriersdiensten
verzorgen. Door de combinatie staan onze auto's nooit stil
wat betekent dat wij zeer efficient kunnen werken.
Description: Op zoek naar een taxicentrale op de Veluwe?
Wij rijden o.a. en verzorgen het personenvervoer in de volgende
steden en dorpen: Velp, Oosterbeek, Westervoort, Huissen, Elst
Rheden, De Steeg, Dieren, Lathum, Giesbeek, Rozendaal, Duiven
Didam, Zevenaar, Bemmel, Doorwerth, Renkum en Heelsum!
Koeriersdienst / pakketbezorging op de Veluwe! Taxicentrale Veluwe

Submitted by Anonymous on Thu, 2020-02-13 09:45

I can see that you are an expert at your field! I am launching a website soon, and your information will be very useful for me.. Thanks for all your help and wishing you all the success in your business.
taiwan coronavirus

Submitted by abc on Tue, 2019-03-19 06:05

Engineering as a subject combines mathematics, logic and science to find solutions to our daily life problems. Over the last few decades, engineering as a profession has seen vast expansion.
top engineering college
top MBA college in chandigarh
mechanical engineering college in chandigarh
Private management college in punjab
college with best placement in punjab

Submitted by Enzani on Fri, 2019-03-22 14:24

سيارات اطفال حقيقية كهربائية
سيتمكن أطفال من قيادة ألعاب السيارات بطريقة حقيقية مثل ما نشاهده في الحياة العادية عندما يهمون الكبار في الركوب في سياراتهم والتوجه للعمل، هكذا سيتقمص صغيرك دور السائق الحقيقي وتدريجيا سيزيد طموحه. أيضا من بين ألعاب الأطفال المحببة كثيرا هي السيارات الصغيرة التي تتوفر على عجلات حقيقية مع قدرة عالية في التحكم والتوجيه تعطيها الفرصة في التحرك على الطريق العام بكل سرعة مطلوبة.
دائما ما نتكلم في مدونة السيارات الكهربائية حول أفضل ألعاب الأطفال المتحرك، يمكنكم معرفة كل صغيرة وكبيرة حول ألعاب الأطفال الحقيقية هذه. هذه السيارات تتوفر على ألوان عديدة مع خصائص وإضافات جديدة كليا.

 

السيارات الصغيرة التي نتطرق اليها جميعها تتحرك ببطاريات كهربائية ستتمكنون من شحنها من جديد وكأنكم تزودونها بالوقود.

Submitted by Cory on Sun, 2019-03-24 20:35

<a href="http://www.carpetcleaningbismarck.com/">Carpet Repair</a>
 
These laws are crazy. I guess it is what it is though. Thank you

Submitted by Anonymous on Fri, 2019-06-21 19:04

One of the finest sites I've seen in a while. mspstarcoins.club

Submitted by Jamea on Sun, 2019-03-24 20:37

http://www.poolservicebakersfield.net
 
This is nuts. I wouldnt want to be caught in the middle of this 

Submitted by Jess on Sun, 2019-03-24 20:38

http://www.poolservicestemecula@gmail.com
 
All around some trees. THe law is a crazt thing. 

Submitted by Anonymous on Tue, 2019-03-26 06:52

Our academic pursuits, along with a range of extracurricular activities, help in honing a child's skills and ensuring that he/she grows to be a mature and responsible citizen.
top cbse school in greater noida

Submitted by bcs on Tue, 2019-04-16 07:48

Our journey started as frontrunner to bring Apple technology to the Indian subcontinent. Today, SRSG has emerged as one of the leading

full-service player offering an array of products and services for system integration, broadcast consultancy, IT infrastructure

services, maintenance services and digital archiving services for the broadcast industry.
apple reseller in ahmedabad
ipad service center in Delhi
newsroom automation
MacBook pro reseller in delhi
ipad service center Kolkata
audio mixers dealers in ndia

Submitted by asd on Thu, 2019-04-18 05:04

Sign in to Goodreads to learn more about Httpmarketing and how to contact this company or order those seo book: Author: Mathé Hoogeboom the seo expert and authority about online marketing and search engine optimization ( On page seo / Of page seo ). Goodreads httpmarketing

Submitted by Anonymous on Thu, 2019-07-11 02:19

Gardener very interesting article www.bakersfieldlawnpros.com
 

Submitted by Anonymous on Thu, 2019-08-22 01:46

Thanks for sharing gardener
Torrance Lawn Pros lawn mowing

Submitted by sds on Wed, 2019-12-25 05:58

I got what you mean , thanks for posting .Woh I am happy to find this website through google.
t shirt maker website

Submitted by Nathan on Sun, 2019-04-21 20:53

Trees can definitely be an issue in many areas.. budgeting for their care, removal and trimming as well. Here in San Antonio we also come across this issue and some trees on our property as tall as columns sadly had to come down. 

Submitted by Anonymous on Thu, 2019-07-11 02:28

Trees can overgrow and cause a mess with leaves all over our lawn. We do lawn mowing Burbank CA so we see a lot www.burbanklawnpros.com

Submitted by Anonymous on Thu, 2019-05-02 09:32

Congratulations to the winners!
free gift codes generator and free gift cards generator and 
free gift codes generator and online video downloader and buy high quality backlink and 

Submitted by Anonymous on Thu, 2019-05-16 07:00

We offer calculated visibility for the design and development of technology platforms through ourintensive research-based approach, consistency in performance, and adept decision-making caliber.
website design company in malaysia
online digital marketing in malaysia
Search engine optimization companies in malaysia

Submitted by Protection on Sun, 2019-06-02 02:14

You done a great job because tree and small plants enhance the beauty of the house. It is also effective for the envorment. I have a small garden and i look after it daily.
Root Protection

Submitted by Edwin on Mon, 2019-06-03 06:44

Really informative, Your articles were very nice and full of information. Good Job And continue to make useful articles. www.powerfactorsaver.gr

Submitted by Patrick H. on Mon, 2019-06-24 08:31

I can't believe all the value I got out of this post! Thank you...

Submitted by Anonymous on Tue, 2019-07-02 00:21

I’m just always astounded concerning the remarkable things served by you. Some four facts on this page are undeniably the most effective I’ve had.   candy crush

Submitted by sophia on Mon, 2019-07-08 10:17

 The information you share is very useful. It is closely related to my work and has helped me grow. Thank you!

    <a href="https://run3ds.com/">run 3</a>

 

 

Submitted by Cassandra D. Everhart on Tue, 2019-07-09 02:02

I just added this web site to my feed reader, excellent stuff. https://www.maidserviceoforlando.com/lakemary

Submitted by Cassandra D. Everhart on Tue, 2019-07-09 02:13

First-class news it is really. Maid Service of Lake Mary

Submitted by sam on Sun, 2019-07-21 10:15

You will find a lot of approaches after visiting your post. I was exactly searching for. Thanks for such post and please keep it up. Great work. 넷마블 먹튀

Submitted by Anonymous on Sun, 2019-07-21 23:50

I'm definitely going to bookmark your blog, I just love your post, thanks for such a nice sharing..Hope to get some info on your blog in future. tree trimming

Pages