can homeowners' associations (HOA) help with tree removal

Trees no matter how beautiful and beneficial they are can still cause debates among homeowners. Some homeowners want the natural shade they offer and the magnificent color they bring as the season changes. But for some, fallen leaves, canopies blocking views, and maintenance, are just too much to handle. We will help you handle different situations by looking into laws related to trees in HOAs.

What Happens When a Tree Becomes a Nuisance
If your tree's branches or roots begin to grow over your neighbor's property, this is your tree becomes a nuisance. Your neighbor has the legal rights to handle the problem by trimming the overhanging branches or destroying invasive roots. This is the part where most homeowners commit mistakes. You have to make sure you talk to the tree owner or the landowner before doing anything to the tree. Your neighbor has no right to cut the roots off your tree. He is only allowed to cut branches that extend over his land. If you make a mistake, you could be responsible for any damage incurred.

Common Tree Problems in HOAs
Removing a tree that a homeowner wants to keep is different than trees in common area.  HOAs should maintain a common area which includes general preservation and maintenance of landscaping. It is the board members' responsibility to make judgments that serve the interest of all parties involved. Some factors to consider are:

• If the tree is causing damage
• Is the tree diseased?
• Is their sufficient drainage around the tree?
• Does it get enough water?
• Are there budget constraints?

A tree may become a liability.  Sadly, tree removal may be the only solution for specific issues. If the tree is a threat to safety and property damage, it should be removed right away.  Other reasons may include:

• Privacy/ view issues- This is common when you live in a condo where you have a neighbor who lives on the upper floors. You may have planted a tree on your balcony, but it blocks the view of your neighbor on the 2nd floor. Regardless of the height of the tree, you can expect it to be removed by the HOA.
• Over planting- HOAs maintain the overall appeal in the community. If there are too many trees planted in the wrong areas, they can have them removed to improve the look of the place.
• Reserve issues- It is essential to reserve for the purpose of short and long-term landscape planning.

Stress-Free Tree Removal
When looking for a tree removal company, look for one that knows the restrictions your HOA has set. Here are some of the following reasons why a tree needs to be removed:

• There are splitting or cracking parts of the tree
• Lightning strikes or high wind gusts damaged the tree
• The tree has become a safety hazard
• The tree is significantly old or dying
• It is infested by bugs or insects, or it is diseased

If you are not sure about the laws and restrictions your HOA has set, make sure to get in touch with them to ensure you are compliant with their rules.

​Des Moines Tree Service can support your claim or justification to remove a tree.  Call us for a free consultation and estimate.  

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