Is HoA responsible for trimming a tree?

Question

I own 4 of 6 units in a three building multifamily (two units per building). The HoA agreement has been lost to time and I'm not excited to renegotiate. There is an oak tree whose limbs are encroaching on the rook of one of the three buildings. It also has some dead limbs hanging over the parking lot.

Since I own both units of the building who is under siege from the tree is this an HoA issue or something I need to deal with myself? Does the fact that tenants cars are also in jeopardy change the answer?

Thank you in advance for any feedback!

David Stafford · Answer

Hi, @Alex Dutton,

Could you please clarify a few details: You are the owner of 4 units in a 6-unit condo building and you rent them out -- you don't have the condo docs and the property manager/condo association/an attorney who drew them up doesn't have them either? If no one has the original docs then let me ask what is likely a rhetorical question -- what would happen if you or the person(s) who own the other two units decided to sell? You'd have to come up with the docs or draw up new ones, correct?

Despite the status of the docs I'd be concerned about the welfare of my tenants, their vehicles and the building roof. Rather than waiting for some damage to occur or even worse, someone getting injured, as the property owner, I'd just take care of it. Some minor tree trimming really shouldn't cost too much and it pays for peace of mind.

-dave

Andrew Johnson · Answer

@Alex Dutton I think on a practical matter you had better deal with it for your units.  Maybe you can come back later to the semi-defunct HoA and try to reimbursement.  If the HoA is basically gone then good luck trying to get communal funds to pay for the roof if a limb falls or brushes it to the point of damage.

What I don't know is how the HoA is governed today and if by owning 2/3's of the units you effectively have majority control.  Someone else can jump in but I'd be surprised if you can't (in essence) for an election process to establish things like dues, etc.  But, again, I have no idea.

Like @Todd Plambeck mentioned, whenever I've bought a property that is a part of an HoA there's usually a nice long disclosure packet that I'm signing at the time of purchase.  When you bought these properties was there anything?

Todd Plambeck · Answer

I don't know about Georgia, but in TX the CCR's for the HOA gets recorded at the county courthouse when it is formed.  Might be worth checking.  Also, if you financed the property, the title company you closed at should have a copy that you signed at closing.  Good luck!

Richard Balsam · Answer

From what I know about landlord responsibilities under Georgia law, and some experience dealing with sue happy tenants, it is always better to operate on the side of caution. If the documents are not available right now - will the HOA pay for your tenant's cars -if a branch decides to come crashing down in a wind storm? Is there any chance of this tree coming down on its own...and onto your building? It's a lot cheaper to remove part or all of the tree than deal with sue happy tenants, or building damage.

I do know that Georgia law protects homeowners from being sued if their tree falls onto a neighbor's house- but I'm not sure if this "law" protects landlords in a multi-unit apartment complex. (in the house example- the house where the tree falls onto is responsible through their property insurance to pay for the clean up and rebuilding - not the property where the tree came from). It's to protect the   trees - or every homeowner would remove every tree on every property so they are not sued...and there would be no trees anymore...or so I'm told.

If it were me - I'd remove what's needed, regardless of the HOA - and look good to your tenants at the same time-tell them you did it to protect their cars. I'm sure they would appreciate the gesture and think that the landlord "cares"...

Alex Dutton · Answer

Thanks all for the thoughtful replies. Sounds like there may be no universal rule. I'm definitely going to have the work done it's just a matter of potential 1/3 reimbursement. The property is in southern Louisiana and when an oak tree even brushes against a building you would be amazed at the amount of insects, mainly roaches, it leads to.

To address some of your questions on the HoA documents, the property was owned a small group of individuals since the late 70s. My father owned a unit (I spent time in as a child). He passed leaving me two units but almost no documentation. I bought two more from another other owner and there was no transfer of HoA documentation. We have known each other for years and had a good relationship. When I purchased the 4th I unwillingly became HoA "president."

The HoA is kind of a joke and is used in the loosest sense possible. But we still have a good relationship. When the new owners purchased their units the bank approached me for only the annual dues amount.

I need to email one of the former owners. I've asked for the agreement in the past but you know how an investor can be when he cashes out.

Is HoA responsible for trimming a tree?

Most Popular Reply