Tree Trimming

[JamesWhitney]

I'm the President of our HOA in Idaho. We have an area in our subdivision designated on the Plat as a "Landscape Easement". The HOA does not own this land and it is owned by two members. Their property line runs through the middle of it. We want to trim a large tree in that area but one of the members who owns part of the land where the tree is, told us to "stay off his land" since he legally owns it. The other requested that the tree be trimmed. The tree spans over both member's properties. Do we have the right as an HOA to trim the tree since it is designated as a Landscape Easement on the plat and our CC&Rs say the Board is responsible for maintaining that area. We are afraid the angry homeowner will call us in for trespassing. Thanks for any insight.

 

[PayrollHRGuy]

Whatever right you may have to trim the tree should be in the HOA governing documents. As president of the HOA, you should be able to find them.

 

[zddoodah]

As an initial matter, I'd like to congratulate you. At 1:40 p.m. on June 25, in this thread, you told us you were "the VP of [y]our HOA."

But now you're telling us that, as of 1:13 p.m. on June 26:

I'm the President of our HOA

So...congrats on the promotion (or, since you're talking about an HOA, maybe condolences would be more appropriate). Or are you a VP of one HOA and the president of another? Anyway...

Do we have the right as an HOA to trim the tree since it is designated as a Landscape Easement on the plat and our CC&Rs say the Board is responsible for maintaining that area.

You've pretty much answered your own question better than anyone here could. It's not like anyone here has read the relevant deed(s) by which the easement was created or any other relevant documents.

We are afraid the angry homeowner will call us in for trespassing.

What does "call us in" mean? In order to fulfill your duties as (vice) president of the HOA, you'll need to figure out how to ascertain the rights of the HOA. That may require consultation with a local attorney. Once you ascertain those rights, you would be breaching your duty to the residents if you fail to exercise those rights because of fear.

 

[Zigner]

What does "call us in" mean? In order to fulfill your duties as (vice) president of the HOA, you'll need to figure out how to ascertain the rights of the HOA. That may require consultation with a local attorney. Once you ascertain those rights, you would be breaching your duty to the residents if you fail to exercise those rights because of fear.

Rights and obligations.

 

[LdiJ]

I'm the President of our HOA in Idaho. We have an area in our subdivision designated on the Plat as a "Landscape Easement". The HOA does not own this land and it is owned by two members. Their property line runs through the middle of it. We want to trim a large tree in that area but one of the members who owns part of the land where the tree is, told us to "stay off his land" since he legally owns it. The other requested that the tree be trimmed. The tree spans over both member's properties. Do we have the right as an HOA to trim the tree since it is designated as a Landscape Easement on the plat and our CC&Rs say the Board is responsible for maintaining that area. We are afraid the angry homeowner will call us in for trespassing. Thanks for any insight.

As you have been told, you verify that the easement does exist and that you can trim trees in it. Then you don't worry about the police being called and you being accused of trespassing. You simply keep a copy of the proof of the easement on hand so that it can be shown to the police. They will happily go away at that point.

 

[JamesWhitney]

As you have been told, you verify that the easement does exist and that you can trim trees in it. Then you don't worry about the police being called and you being accused of trespassing. You simply keep a copy of the proof of the easement on hand so that it can be shown to the police. They will happily go away at that point.

Thank you so much.

 

[JamesWhitney]

As an initial matter, I'd like to congratulate you. At 1:40 p.m. on June 25, in this thread, you told us you were "the VP of [y]our HOA."

But now you're telling us that, as of 1:13 p.m. on June 26:



So...congrats on the promotion (or, since you're talking about an HOA, maybe condolences would be more appropriate). Or are you a VP of one HOA and the president of another? Anyway...



You've pretty much answered your own question better than anyone here could. It's not like anyone here has read the relevant deed(s) by which the easement was created or any other relevant documents.



What does "call us in" mean? In order to fulfill your duties as (vice) president of the HOA, you'll need to figure out how to ascertain the rights of the HOA. That may require consultation with a local attorney. Once you ascertain those rights, you would be breaching your duty to the residents if you fail to exercise those rights because of fear.

I was promoted! The President couldn't put up with these people anymore so we switched positions and he wants me to lead on everything now. It's the same HOA and angry group of people.

People have threatened to shoot us. This could get ugly. Thanks for responding.

 

[PayrollHRGuy]

People have threatened to shoot us.

You should report such threats to law enforcement.