HOA requiring us to remove tree in lawn

[Rachel924]

My HOA is requiring me and my neighbor to remove the trees in our front lawn. They are requiring us to pay the costs, and they are requiring that they approve the contractor. These trees have been in place since the townhouses were built in the 70s, and their type is not listed as restricted in our HOA manual. However, there is some root damage to parking spaces in front of our homes (HOA property). The root damage has been there for years, and was there when we moved in a year and a half ago. When we purchased the home, they certified the property as HOA compliant. It is also unclear whose tree has caused the damage. They also claim we may have to pay to repair the parking spaces. Do we have any recourse?

 

[sandyclaus]

My HOA is requiring me and my neighbor to remove the trees in our front lawn. They are requiring us to pay the costs, and they are requiring that they approve the contractor. These trees have been in place since the townhouses were built in the 70s, and their type is not listed as restricted in our HOA manual. However, there is some root damage to parking spaces in front of our homes (HOA property). The root damage has been there for years, and was there when we moved in a year and a half ago. When we purchased the home, they certified the property as HOA compliant. It is also unclear whose tree has caused the damage. They also claim we may have to pay to repair the parking spaces. Do we have any recourse?

I'm thinking that when you bought the house, you bought the problem. The problem is that these trees on the property you own have roots which have now grown to the point where they are damaging adjacent HOA property. And because you own the trees, you would be responsible for mitigating damages and removing them as they are the root cause (sorry for the pun, but it was appropriate) of the damage to the parking spaces.

I would have to say that I agree with the HOA here in that you and your neighbor will need to pay to remove the trees and pay for the parking space repairs that resulted from the root overgrowth. Especially because you saw and knew that the roots were already starting to cause damage to the parking area when you moved in, yet you did nothing to curtail that damage at that point.

That's only my opinion, but let's see what others may have to say on the matter.

 

[Cedrus]

Find a certified arborist and see about shaving the roots horizontally, to lower them. Get some cold patch asphalt to cover up the fix.

Maybe the HOA will go for this.

 

[John_DFW]

Find a certified arborist and see about shaving the roots horizontally, to lower them. Get some cold patch asphalt to cover up the fix.

Maybe the HOA will go for this.

Good advice.

I would even go so far as to cut the roots vertically on the side facing the parking lot if the HOA feels that is insufficient.

Normally I would never recommend that as it has high likelihood of killing the tree, but if the alternative is removing the tree there is little to lose

 

[LdiJ]

I'm thinking that when you bought the house, you bought the problem. The problem is that these trees on the property you own have roots which have now grown to the point where they are damaging adjacent HOA property. And because you own the trees, you would be responsible for mitigating damages and removing them as they are the root cause (sorry for the pun, but it was appropriate) of the damage to the parking spaces.

I would have to say that I agree with the HOA here in that you and your neighbor will need to pay to remove the trees and pay for the parking space repairs that resulted from the root overgrowth. Especially because you saw and knew that the roots were already starting to cause damage to the parking area when you moved in, yet you did nothing to curtail that damage at that point.

That's only my opinion, but let's see what others may have to say on the matter.

I am not sure that I agree. The HOA certified the property as HOA compliant a year and a half ago when they purchased it...and the damage already existed at that time. It could be argued that the OP would not have purchased the property if the issue had been properly addressed at that time, or would have required the prior owners to correct the problem first.

I would recommend a consult with a local real estate attorney.

 

[CLJM]

Before going to any effort and expense, it would behoove the OP to consult and work with the HOA so that any remedy the OP undertakes, also is acceptable to the HOA. In WRITING, of course !

 

[FarmerJ]

I wondered about having the roots cut back by arborist would work too BUT my question is about this that you wrote> they are requiring that they approve the contractor.< really Id say double check this because I would think they can hire someone to correct the damaged pavement but YOu should really double check your all your bylaws because I cant see how they would get to dictate who you must use to do a job as long as they have provided you with enough information to give to whom ever you contract with ,EG you have to change your door and your restrictions limit the door to one type , then they can give you the specs to follow and as long as your contractor installs new exterior door that meets the specs you were given then whom you use is should be up to you. ( I hope these people on the board realize that cutting down 30+ yr old trees harms not just your propertys value but could impact value of other units in the developement )

 

[CLJM]

I wondered about having the roots cut back by arborist would work too BUT my question is about this that you wrote> they are requiring that they approve the contractor.< really Id say double check this because I would think they can hire someone to correct the damaged pavement but YOu should really double check your all your bylaws because I cant see how they would get to dictate who you must use to do a job as long as they have provided you with enough information to give to whom ever you contract with ,EG you have to change your door and your restrictions limit the door to one type , then they can give you the specs to follow and as long as your contractor installs new exterior door that meets the specs you were given then whom you use is should be up to you. ( I hope these people on the board realize that cutting down 30+ yr old trees harms not just your propertys value but could impact value of other units in the developement )

The "violation" should be in writing to the homeowner, just as the "remedy" should be in writing to the HOA.
Because there will be a "change" in the property, the HOA may be requiring a PIR ( property improvement request---or as used by another name the HOA uses) It may well be the HOA requires approval for the entire job, which of course, includes the contractor--- to ensure the job is done correctly and not just homeowner "fly by night". It could also be that covenants call for trees in the front yard---which, then would mean the homeowners might have to replant a tree----in another spot, of course.

Best course of action, as I said, would be for the OP to consult with the HOA.