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Overhanging tree branch

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E

eupton

Junior Member
What is the name of your state? NV

I'm on the BoD of an HOA. A perfectly healthy tree branch from a "common area" is overhanging a resident's yard. They want the HoA to pay to have the branch cut down, claiming it could fall on them (in reality, they don't like leaves falling in their yard). The CCR's say the HOA is responsible for "maintaining" common area plantings. Is the HOA responsible for trimming live (or dead for that matter) tree branches overhanging a resident's property?
Sure would like a solid opinion and, if possible, some statute. I'm kinda pressed for time and don't want to set a precedent.
Thanks,
ED
 


S

seniorjudge

Senior Member
eupton said:
What is the name of your state? NV

I'm on the BoD of an HOA. A perfectly healthy tree branch from a "common area" is overhanging a resident's yard. They want the HoA to pay to have the branch cut down, claiming it could fall on them (in reality, they don't like leaves falling in their yard). The CCR's say the HOA is responsible for "maintaining" common area plantings. Is the HOA responsible for trimming live (or dead for that matter) tree branches overhanging a resident's property?
Sure would like a solid opinion and, if possible, some statute. I'm kinda pressed for time and don't want to set a precedent.
Thanks,
ED
Click to expand...
Your tree is trespassing.

Cut off the branch.
 
E

eupton

Junior Member
Surprised and disappointed

Senior Judge,
Thanks for the prompt reply, but it seems to contradict what you've told others. Since the tree is on "our" property, and the branch extends over "their" property, why isn't this a "self help" thing wherein "they" can cut if they choose but we are under no obligation?
Ed
 
S

seniorjudge

Senior Member
eupton said:
Senior Judge,
Thanks for the prompt reply, but it seems to contradict what you've told others. Since the tree is on "our" property, and the branch extends over "their" property, why isn't this a "self help" thing wherein "they" can cut if they choose but we are under no obligation?
Ed
Click to expand...
You are under an obligation to not trepsass.
 
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