HOA & tree-trimming, laws & rules question

[SeaPA]

Question for Goldie, any lawyers who'd like to chime in, or anyone who slept at Holiday Inn last night:

Circumstance: A rental house I own is in an HOA community. The streets are community-owned, so of course they community also owns the right of way alongside the streets. At the corner of the property, in the right of way (between the sidewalk & the road) there is an oak tree. The tree is getting fairly big, and is about to the point of growing into the edge of the house. I'm fairly certain that I have the right to trim the tree, as long as I don't hack it back across the property line & as long as I don't go so far as to damage the tree.

However, I recently got a letter from the HOA's management company threatening me with a fine if I DON"T trim it. So my basic question is this - can they fine me if I do not trim THEIR tree? Does having the RIGHT to trim their tree back from my house create the obligation to do so?

 

[cmanole]

Who you gonna call?

 

[RancheroNole]

Harvey can fix it

 

[West Duval Nole]

Who you gonna call?

Not sure Ghostbusters are the right ones to call for this situation.

 

[ZZ828]

In my HOA, the association is responsible for the trees on the community owned property. Unless there was something in the covenants, I do not see how an HOA can force you to trim a tree that is not on your property.

 

[seminole97]

A rental house I own is in an HOA community. The streets are community-owned, so of course they community also owns the right of way alongside the streets. At the corner of the property, in the right of way (between the sidewalk & the road) there is an oak tree.

Right of way is the benefits of ownership, without he hassles.
If the tree is on your property, irrespective of that piece of the property being a right of way, it would seem to me that its your responsibility.
Does the description of the extent of your property encompass the tree? Or does your property line actually end at the sidewalk, short of the tree.

 

[BelemNole]

Timely. I received a notice from the city this week that my tree was blocking the yield sign the city has on my corner and I had to clear it. Since I heard you can't fight city hall I just got out the old chain saw and ladder and managed to clean it up without losing any limbs. Mine, not the tree. The tree lost quite a few.

 

[Formerly Rockymtnole]

So you were planning on trimming the tree all along, but now that they've told you you have to trim it you don't want to?

 

[OrlandNole]

Right of way is the benefits of ownership, without he hassles.
If the tree is on your property, irrespective of that piece of the property being a right of way, it would seem to me that its your responsibility.
Does the description of the extent of your property encompass the tree? Or does your property line actually end at the sidewalk, short of the tree.

That's what I was thinking. Does the ROW line end at the back of sidewalk, or at the curb? You can check the PA website to estimate ROW width.

 

[LesClaypool]

Call that Texas Law Hawk guy.

 

[SeaPA]

It's definitely on the public side of the property line. That said, I'm sure I will end up trimming it because it has the potential to damage my property (one limb in particular is very close to touching the roof). But it isn't an easy job - it's high enough that it will require at a minimum an extension ladder, and possibly would require a bucket lift (even if it just needs an extension ladder, I don't have one - nor do I have a way of transporting one). There's also an issue of whether I can legally put the ladder on their sidewalk while trimming - I know in normal tree disputes you can trim at your property line but cannot go on the other property to do so.
I'll end up trimming it - just annoyed me to be threatened with a fine if I don't. And I'd prefer to trim it based on my own schedule, not one dictated to me by the HOA.

 

[Fijimn]

Have you called the HOA management company and explained that the tree is rooted in community property and not your property?

 

[AllNoles]

Read your homeowners declarations.

 

[goldmom]

Question for Goldie, any lawyers who'd like to chime in, or anyone who slept at Holiday Inn last night:

Circumstance: A rental house I own is in an HOA community. The streets are community-owned, so of course they community also owns the right of way alongside the streets. At the corner of the property, in the right of way (between the sidewalk & the road) there is an oak tree. The tree is getting fairly big, and is about to the point of growing into the edge of the house. I'm fairly certain that I have the right to trim the tree, as long as I don't hack it back across the property line & as long as I don't go so far as to damage the tree.

However, I recently got a letter from the HOA's management company threatening me with a fine if I DON"T trim it. So my basic question is this - can they fine me if I do not trim THEIR tree? Does having the RIGHT to trim their tree back from my house create the obligation to do so?

Sorry, that's your tree. I have the exact same situation in one of my HOA's. It was planted on YOUR property - look at your survey - and a right of way is different than ownership.
Most municipalities require you to maintain a 6 ft. clearance and the HOA has to bring it to your attention because of that. If it's hanging out into the street, the first people to complain to the gate guard is the city trash truck who drives under the tree and has it hit the top of the truck.

Yep. They can fine you. Bust out the saw.

 

[More Kirk Less Spock]

The easement can be tricky, but either they, or the county depending on your documents, can make you trim it. Just trim it.

 

[cfbfan23]

You should have dressed up as Harvey Updyke for Halloween.

 

[cmanole]

Not sure Ghostbusters are the right ones to call for this situation.

No, Harvey Updyke...

 

[OrlandNole]

Sorry, that's your tree. I have the exact same situation in one of my HOA's. It was planted on YOUR property - look at your survey - and a right of way is different than ownership.

I'm not sure what you're trying to say here. Right-of-way absolutely does convey ownership. Maybe you're thinking of an easement?

 

[ericram]

drilling holes in the base of that tree and pouring gasoline into those holes should fix your problem.

Next question?

 

[Lemon Thrower]

I think it hinges on whether its on your property or community property. your survey if you have one or the HOA declaration/plat ought to spell this out.

easement is a legal term that means its your property but someone else has some limited right to use it, e.g. the utility lines that cross your property. bottom line is its your property.

right of way is usually a non-legal term that means its someone else's property. an example is the land between the road and the sidewalk, usually, which is usually owned by the city but which every reasonable person mows. in your case it might be owned by the HOA, as the streets may be. so if its on HOA property, not yours, the obligation to trim it might be theirs. really depends on your documents. first step is to figure out whose property its on.

of course, you might want to do it anyway since the folks they hire might make it look unattractive, drop limbs on your house or car, etc. I have the inverse problem. i have a tree on my property which is blocking a HOA streetlight and they want me to trim it. I may trim it myself so they don't screw up the tree or the property.

 

[goldmom]

Right of ways usually involve utility providers. An example would be underground electric, cable etc. on your property or on common property.
This is easily addressed by looking at your survey. If that median or parkway as it is ccalled in some places shows up on your survey it's yours.

 

[NoleATL]

Question for Goldie, any lawyers who'd like to chime in, or anyone who slept at Holiday Inn last night:

Circumstance: A rental house I own is in an HOA community. The streets are community-owned, so of course they community also owns the right of way alongside the streets. At the corner of the property, in the right of way (between the sidewalk & the road) there is an oak tree. The tree is getting fairly big, and is about to the point of growing into the edge of the house. I'm fairly certain that I have the right to trim the tree, as long as I don't hack it back across the property line & as long as I don't go so far as to damage the tree.

However, I recently got a letter from the HOA's management company threatening me with a fine if I DON"T trim it. So my basic question is this - can they fine me if I do not trim THEIR tree? Does having the RIGHT to trim their tree back from my house create the obligation to do so?

I thought this was going to be about an HOA telling you how you can/cannot decorate your Christmas tree...

 

[RunRonnieRun]

Right of ways usually involve utility providers. An example would be underground electric, cable etc. on your property or on common property.
This is easily addressed by looking at your survey. If that median or parkway as it is ccalled in some places shows up on your survey it's yours.

I think Orland is right that you're confusing right of way and easement.

 

[goldmom]

I think Orland is right that you're confusing right of way and easement.

Um, no. Either way, if the OP - again - will look at his survey, he'll see that he owns that piece of land and that he therefore owns that tree.