CAI-GLAC America's Advocate for Responsible Communities

2013 SUPER SPONSORS
There's ALWAYS Time for GOLF!
Monday, June 10, 2013

Resource Center

Frequently Asked Questions

Answered by Jeanne H. McDonald, Esq., Law Offices of Jeanne McDonald

One of the key factors in my purchase of this condominium was the private entrance. It is private because it is surrounded by 4 trees that provide shade and privacy. Our HOA has given me a one week notice that they are going to cut down those trees because the roots are uplifting part of a sidewalk that runs between the buildings. I don't want them to cut down these trees without replacing them with trees that will, at least, grow into the shade trees that I have now. Do I have the right to stop them from cutting down these trees if they do not plan on replacing them?

This answer assumes that the four trees are located on common area, and not on exclusive use common area (property designated for the sole use of one unit, such as a yard or patio).

Common area is managed by the association through its board of directors. Unless the association's CC&Rs limit the board's rights (which would be very unusual), the board has the sole authority to make decisions on landscaping, maintenance and repair issues. The board can decide to cut down these trees without replacing them. While the lack of trees may have the negative results you mentioned, the board is within its rights to decide that the maintenance problems created by the trees are more pressing than a reduction in shade or privacy. The board, however, is obligated to make this kind of decision in good faith after conducting a reasonable amount of inquiry, acting in what it considers to be the best interests of the association.

While the individual homeowners cannot stop the board from cutting down common area trees, you do have avenues to express your disagreement. You can demand an informal "meet and confer" to discuss your complaint with the Board or a Board representative; you can address the Board at the next open Board meeting to express your opinion; and at the next election the owners can vote for candidates who believe the trees should be replanted.

If the trees are located on exclusive use common area, the issue of your rights to the trees is more complicated. You would need an attorney to advise you after reviewing the association's governing documents and any other relevant documents.



QUICK TOOLS

 Email this link to a friend
 View printer-friendly version of this page
 I would like the Chapter Office to contact me

Return to top of page