california hoa tree root damage

Each referred client will receive a free 30-minute consultation with the attorney. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. In other words, State Farm insured both neighbors. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. Previous Post. Generally a BOD does not have to attend nor comment about a Member's Called Special Meeting. If it is dangerous or diseased and is on your property, take action to correct the problem. Remember to reserve for short and long-term landscape maintenance and planning. The difficulty arises where the cutting of the roots ends up damaging the offending tree. (P.S., via e-mail). The association must be consistent in uniformly enforcing the governing documents. Sometimes that negative is minor, such as when the invading branches create a mess of fallen leaves/flowers for us to pick up. Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. 2. This can give an individual a legal cause to sue if a group of trees is planted in a row deliberately to block the neighbor's view. It also ruled that the protections of the Solar Shade Control Act were limited to active solar collectors designed for the specific purposes of the act. This is the case even if the tree's roots may grow into the land of another. Disputes related to view obstruction, mess, and property damage can all spark legal problems. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. Fallen Tree on White House North Drive. Examples: Reserve issues. <>stream He said I should cut. I hire people to replace my cement. Pruning lower branches and leaving growth only at the top can also increase the risk of a structurally unsound tree that could topple in wind or rain. Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. This would also include the cost of . However, tree roots cause damage to foundations in two ways. If the roots of a tree planted in a common area are damaging an adjacent homeowner's walkway or patio, the association would . Roots grow gradually . In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. 192.169.226.96 In most cases its pretty easy. Tree root damage will only occur when a tree is fairly close to the driveway. Did you contact the HOA first before doing the work? startxref Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. If roots from a tree on your property are causing uneven or otherwise problematic sidewalks or roads, it can lead to accidents and cause serious injury. Such trees are sometimes referred to as line trees.. I took a picture to prove the tree root under the cement. If you're a member of the local homeowners' association, that may helpcheck the rules about trees and property maintenance and ask the homeowners' association board for help; This website is using a security service to protect itself from online attacks. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. Check us out on the Web at: www.bpelaw.com. If the encroachment . As of July 1, 2017, property owners are responsible for other types of sidewalk. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. A neighbor might also be unhappy about falling leaves from the association's tree. A recent case involved a line of trees that blocked the view of the mountains. But as I read it, the OP's HOA wants to implement something similar. They can also create excessive shade, which leads to high humidity and mold. Tree ownership is based upon where the trunk is situated. If this cannot be done, then the neighbor should bring a legal action against the trees owner for nuisance which could compel him to trim or even remove the tree and repair any damage. 0000006878 00000 n Whether beaten by . However, in San Mateo, California, all heritage trees are bay, buckeye, oak, cedar and redwood trees. If its on the property line, it is deemed to be owned by the owners of both properties. When the damage is done; First signs of tree root damage. If you cannot afford stump grinding, drill holes in the stump and cover it with soil or fill them with a stump decay accelerator. In fact, in some instances, the trespassing/destroying homeowner could be liable for triple damages if the destruction/damage is deemed intentional, or double damages if the injury is deemed casual or involuntary (Civ. Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. We have a similar problem. If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. . KNOW YOUR BOUNDARIES. Regardless, such encroachment can be a source of serious tension between neighbors. Some cities preclude landowners from cutting down certain types of trees on their own land, and laws allowing neighbors to trim encroaching roots and branches have been considerably weakened. California law places responsibility for tree root damage upon the owner of the tree. You might be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor's property), violates any height limits or view ordinances, or straddles the property line. Last year the president obtained a legal opinion from our attorney as to whether or tree roots causing damage to sidewalks, foundations and underground plumbing were the HOA's responsibility. If solar panels are blocked by trees or shade, it is possible that the solar panel owner may have a legal action against you. What You Should Know about California Tree Law. Scottsdale homeowners in a DC Ranch community could face a $16,000 bill to remove and replace 670 Sissoo trees that can have damaging roots. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. You should not send us any information through this website that you would want treated confidentially. 0000028746 00000 n (California) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement). info@bpelaw.com In a 2003 decision coming from a federal trial court in California, the court held that blanket rules requiring adult supervision for children under 18 years old using recreational facilities in a community were discriminatory. They can get under the foundation and raise up the . Remember to consider the following: Remember that even though you may prune or cut a tree in good faith, your action can cause damage for which you could be liable. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. The owner of a tree is the one upon whose land the trunk of the tree sits, regardless of whether or not the trees roots or branches extend onto someone elses property (Civ. A: Restrictions aimed at families with children present difficult issues for associations. In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree's roots or branches extend into another person's property. The HOA chose improper trees 30 years ago and planted them too close to hardscape and buildings. The branches can only be cut back to the property line. 10775 Double R Blvd. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. I have successfully negotiated and prosecuted such "tree root removal" cases in court. A lifted slab 1/4 of an inch or higher is designated as a trip hazard. What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? trailer It is fact that tree roots can cause tremendous amount of property damages, including lifting and cracking sidewalks and other hardscape, clogging and even destroying plumbing lines, and even literally lifting a houses foundation. Not necessarily. HOA held meetings, hired tree experts to assess the . Yes, I'm sorry that my response was in bold. You will receive a link to create a new password via email. Readers of HOATalk.com should not act on this information without seeking professional counsel. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. First are the general concrete slabs you might have throughout the home. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. A lawsuit for a nuisance was brought. Sept. 24, 2000 12 AM PT. 0000006371 00000 n 1361 0 obj The damage is on my side of the property which needs to be repaired by going under the the sidewalk and is costly.This was caused by trees on common ground. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. In a at least one claim, it required proof of negligence in order to provide coverage for tree roots damages. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. Overplanting. A homeowners self-help rights in the case of encroaching roots, however, is not as clear as it is in the case of overhanging branches. The Cement work may be your own. disputes with neighbors, especially if one person's tree is causing damage to another's land. Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. While it may solve your problem, cutting the roots can also weaken a tree and cause it to fall. 0000028932 00000 n According to the Claims Adjuster, State Farm has taken the same position in other matters. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. Learn what California law has to say about trees in HOAs. in a trench around the root zone. Property owner Booska had a 40-year-old pine tree whose roots extended into Patel's yard. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. William Blake once wrote, Everybody does not see alike . You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. Forward the report to the tree's owner and, if there is no action, take the matter to court to seek an injunction and ask for an order to have it removed. For example, was the tree dead or dying from an insect infestation? The same measure of damages applies when the entire tree is cut down, rather than just damaged. Courts may often find sufficient evidence that the trees owner was somehow negligent and thus provide recourse for the injured party. Illegal Foreclosure For the past year and a half, my inlaws have been receiving Lien My parents own a home in California. California Tree Law for One's Own Trees Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land. Grandona v. Lovdal (1886) 70 Cal. Your Roof is Damaged and You Live in an HOA. There are other cases that have upheld restrictions and the law remains unsettled with no bright line as to what a reasonable age cut-off is or whether there are other means of ensuring safety in the community. Board members must make tough decisions that must balance the homeowners interests against the best interest of the entire association. In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. The owner of the tree may be responsible for damage caused to a neighbors property but only if it can be found that the trees owner failed to properly maintain the tree. Booska, supra, involved a tree with a trunk entirely on one property, with roots extending onto a neighboring property. 0000015050 00000 n 161, 162, Bonde v. Bishop (1952) 112 Cal.App.2d 1, 5-6, Booska v. Patel (1994) 24 Cal.App.4th 1786, 1788, Crance v. Hems (1936) 17 Cal.App.2d 450, 453, Fick v. Nilson (1950) 98 Cal.App.2d 683, 685, But see: Lussier v. San Lorenzo Valley Water Dist. Be aware of the wordings in the CC&R that you are required to carry your own insurance to cover any loss within your own unit. the tree which brings some to tears of joy is in the eyes of others only a green thing that stands in the way. He couldnt have been more right. 0000010610 00000 n 0000002903 00000 n General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. 0000034382 00000 n 101 (NOTE: A sponsoring attorney is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, the undoubted right of the land owner himself to cut off intruding roots or branches at the property line, precludes a negligence claim. Post by Jack FFR1846 Thu Feb 11, 2021 12:04 pm. 0000003677 00000 n If branches from a neighbors tree are hanging over onto your side of the property line, you have the right to remove those portions of the tree that encroach on your land. Privacy issues come up when trees serve as noise or privacy barriers. 0000005026 00000 n Species such as weeping willows, Monterey. It is my feeling this is illegal but I cannot find a statute to support me. Since a majority of CC&Rs in California contain anti-nuisance provisions (i.e., language prohibiting HOA members from engaging in nuisance behaviors), your HOA not only has an obligation to intercede to prevent your neighbor from continuing to cause a nuisance, but if your HOA fails or refuses to act, you can sue not just the neighbor causing the problems, but also your HOA. Monetary damages will include the costs necessary to repair or clean your property, as well as other losses that you can prove were caused by the encroaching branches or roots. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. 0000008227 00000 n The court also found that the prohibitions based on children of less than a designated age was not the least restrictive means by which the community could protect the health and safety of children and residents, safety would be better served with a proficiency requirement. In Los Angeles County, the phone number for the Lawyer Referral and Information Service (LRIS) is (213) 243-1525 (Monday through Friday, 8:30 a.m. to 5 p.m). Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. Top. Code, 834). It costs me $4500 to repaire and asked them tp reimburse. 0000010224 00000 n Since these structures grow slowly and typically remain out of sight until they've caused significant amounts of damage, the problems that they cause can be especially costly to fix and may cause chain reactions that create even more issues. 0000007789 00000 n We would like to hear from you if your insurance company imposed some standard of liability for damages caused by tree roots that is contrary to California law. Siberian Elm They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. In Menlo Park, California, all trees are heritage trees if the tree trunk is at lease 47.1 inches around when measured 54 inches above the ground. One thing that all common interest developments have in common is that they are governed by an association of members (i.e., the owners) who enjoy the use of shared common areas and amenities. Be aware of these laws. . Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. Which trees should stay and which have to go? In California, a tree blocking light on a neighbor's property is not a legal nuisance. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. . %PDF-1.7 % In California, Civil Code 833 that "Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another." Property owners must be mindful of tree maintenance. Readers of HOATalk.com should not act on this information without seeking professional counsel. (NOTE: A sponsoring attorney is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page. Bogle: Smart Beta is stupid. Booska v. Patel (1994) 24 Cal.App.4th 1786 (owner liable for cutting roots of neighbor's tree which encroached underground and thereby killing tree).] by Michael Kushner | Mar 17, 2021 | HOAs, Real Estate. The information provided on MBK Chapmans website is offered purely for informational purposes and is only intended to provide you with information on current topics of general legal, business, or real estate interest. No problem (everyone misspells it!) 0000023598 00000 n Good luck with calling a special homeowner's meeting! 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'S Called Special Meeting supra, involved a tree insured both neighbors information through this website that you want! Line of trees that blocked the view of the roots can also a! Find sufficient evidence that the trees owner was somehow negligent and thus recourse! It may solve your problem, cutting the roots ends up damaging the tree. The specifics, however, there is a duty to act reasonably, and there is a to... Statute to support me heritage trees are bay, buckeye, oak, and... Statement and related updates on COVID-19 legal changes regardless, such encroachment be. Sponsoring attorney a trip hazard part of the California court of Appeal in the firm of the sponsoring attorney barriers... Associated with trees in HOAs crush foundations or even sewer pipes and can a... Special homeowner 's Meeting and california hoa tree root damage negligence owner can be turned away barriers. That is provided by the branches or roots are interfering with your right enjoy. 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