The Cement work may be your own. 0000005355 00000 n Top 5 Concerns that Homeowners Have About Their HOAs. This article is not intended to be legal advice, and should not be taken as legal advice. 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. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. Additional damages include the associated costs, such as crane . The trees were ordered removed. Our residents held a special meeting last year in which none of the board members attended. It doesnt matter whether or not the overhanging branches have caused damage to your property. (775) 993-7600, Ellensburg, WA Office: 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. This is a proposal, not written in stone, so have you discussed your concerns with the Board? An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. Grandona v. Lovdal (1886) 70 Cal. If the encroachment . If someone damages or destroys your tree, you can recover for the amount of your actual loss due to the injury or destruction of the tree. These laws are termed heritage tree ordinances and they protect specific types of trees, not forests in general. Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. The same measure of damages applies when the entire tree is cut down, rather than just damaged. I had a case where the trees planted by the developer in the common area evidently caused damage to a homeowners sewer line, causing extension damage. 09/21/2015 9:12 AM. The association must make tree removal decisions based on previous actions taken by others. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . The tree owner may pursue you for the damage he has incurred. Tree Root Damage, Who is Responsible? News-Press, Community Association Litigation & Covenant Enforcement. It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. As of July 1, 2017, property owners are responsible for other types of sidewalk. For over 20 years, the attorneys of BPE Law Group, P.C. <>stream 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. As mentioned in prior Articles, California law is clear that a neighbor has to act reasonably in trying to stop actual or potential damage from a neighbors trees. The board must then require the homeowner to comply with its governing documents. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. My sister took out credit cards in my Hoa's There is a group home operating inside our private development, and the kids More Real Estate and Real Property questions and answers in California. Is the Trees Owner liable for any Damage? info@bpelaw.com Booska, supra, involved a tree with a trunk entirely on one property, with roots extending onto a neighboring property. I hire people to replace my cement. The Court concluded that the trees were a spite fence and a nuisance. (This author lives in an association and a tree fell on his house, causing damage to the roof, gate, sidewalk and curb). 1398 0 obj Here's how tree roots can have an impact on different types of home concrete. (J.K., via e-mail). No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. It is still the responsibility of a landowner to maintain the foliage of their trees in a way that will prevent hazard to others, and where a tree on one property damages a neighboring property, the owner may be liable for negligently maintaining it. Trees as structures. You will receive a link to create a new password via email. ), Posted By RichardP13 on 09/21/2015 11:15 AM. Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. You are correct. No such action should be undertaken without first seeking to get the trees owner to remedy the problem. The caller of the Owner's Special Meeting tried to ban the BOD Member but she was called out on that rather quickly and the BOD Member was allowed to attend. 10775 Double R Blvd. the involved people are parties to a contract that contains an attorneys fees and costs provision. 0000015050 00000 n Rptr. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. Performance & security by Cloudflare. Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. Consult a tree expert, who will inspect and examine the tree. 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. . This is a letter I propose sending to all homeowners in the association. "I don't believe that the association would be responsible for the damage that the tree roots caused to this person's property," says attorney Matthew Zifrony, an attorney and director at the law firm Tripp Scott in Fort Lauderdale. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. Obviously, tree roots cause property damages. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? You can sue for damages if the branches damage your property (or cause an injury to a person or animal), but not for nuisance. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. Whether beaten by . 0000003348 00000 n Gold River, CA 95670 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. The tree will be removed. (California) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement). Keep in mind that because the law does give you a virtually unconditional right to remove encroaching branches, you cant sue a neighbor for nuisance because of such encroachment. As in many other cities, the Seattle Municipal Code requires that adjacent property owners keep their sidewalks in good repair and safe for public travel. Overplanting. If it is dangerous or diseased and is on your property, take action to correct the problem. Not only would such action constitute a trespass, which has criminal implications, but such conduct would leave the homeowner open to significant liability (Code Civ. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. He's owned the building for 10 years and the tree he's referring to is 40 years old. Violation of these ordinances could lead to criminal and/or civil penalties. of Real Estate licensee search, California Secretary of State: business searches, Los Angeles Department of Building & Safety, Los Angeles Municipal Code and Zoning Code, Palisades Americanism Parade Association (PAPA). I hire people to replace my cement. Reno, NV 89521 Roots from a tree planted on the common area has damaged my driveway. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: This article will focus exclusively on damages caused by encroaching roots and branches and destruction or harm to anothers trees. Obviously, for the sake of neighborly peace and harmony, every effort should be made to speak to the offending owner and ask him or her to remedy the problem. July 19, 2018 / 11:30 PM / CBS Sacramento. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. 0000009575 00000 n The owner of that tree, in this case the condo association, is . And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. Applying this to a situation where the land is owned by X but the resonsibility for maintaining the land has been assigned by contract to Y, as seems to be the case here, I would say the Bar Exam answer is that the party offended by the trespass should sue both X and Y, because law schools teach lawyers to sue anyone who might be responsible. It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. Your Roof is Damaged and You Live in an HOA. The branches can only be cut back to the property line. Falling Leaves. The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. Sept. 24, 2000 12 AM PT. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. Also keep in mind that different cities in California have local laws protecting certain types of trees, and those laws might trump a homeowners right to the self-help described here. L.A. Times Archives. The right to cut encroaching or overhanging branches is constrained by a duty to act reasonably. And then, even in such cases where damage has occurred, if the offending neighbors tree was damaged during the root removal, the courts in California will conduct a balancing test in assessing whether the removing party acted reasonably under the circumstances. 0000028932 00000 n (Nahrstedt v. Lakeside Village Condominium Assn. In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. 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. Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. 1361 0 obj 0000000016 00000 n In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. Contact Turner Law Firm about your tree root issue: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Turner Law Firm sponsors the Pacific Palisades July 4th parade, concert and fireworks, California Dept. I took a picture to prove the tree root under the cement. Fortunately, victims of such branch encroachment have a powerful remedy at their disposal: self-help.. On the other hand, I'd be prepared to dismiss the suit against any defendant that plausibly argued that it had no control over the trespass. 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. Generally speaking, most homeowners insurance does not cover tree roots damages but there are home insurance providers who offer this coverage for an additional premium. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. For many years, the law in California allowed a landowner to cut back the branches or roots of a neighbor's tree that encroached on their property. Learn what type of trees can keep both homeowners and HOAs happy. We all like to look at trees, but sometimes they block views and must be removed. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? About the Author: Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6366 . For example, if someone lives in a condo and a neighbor plants a tree on his first floor balcony that grows to block the view of the person on the third floor, guess what is going to happen? 0000002926 00000 n This website is using a security service to protect itself from online attacks. 0000004351 00000 n 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. Readers of HOATalk.com should not act on this information without seeking professional counsel. Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because the association maintains the front yard. When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. 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. SACRAMENTO (CBS13) - A homeowner was slapped with a hefty fee from the city to dig up a tree root crushing his sewer line . There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Examples: Reserve issues. The statutes concerning trees are often confusing and complex, and they can be a trap for the unwary. Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. 0000002903 00000 n Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. Since our community is gated, the county does not maintain anything, but my thought is to handle it the same way the local government would if they were responsible. Or did the owner trim the tree on his side only and thus render the tree unstable? 0000005026 00000 n . This would also include the cost of . 0000029343 00000 n In other words, State Farm insured both neighbors. Executive Council of Homeowners, Inc. 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