Read the Fine Print, Especially the CC&Rs

[Mark Ruvelson]

A recent storm toppled a tree one of our properties. Fortunately no one was injured and the home was not damaged. This property is in another state in a planned community, and under local property management. Our PM promptly informed me of the situation and proactively sent quotes to remove the tree. The quotes weren't cheap, and I was under some pressure to make a quick decision because it was blocking access to the garage. I was about to say go for it, but paused to review the CC&Rs first.

Reading CC&Rs is rather painful (at least for me), as it's boring material written in a very unexciting way. I find it hard to focus on what I'm actually reading, and have to force myself to really slow down to digest it. I'm glad I did. Turns out that in this community, the HOA is responsible for all landscaping / maintenance, including that on private property. After reading the landscaping clauses to be sure I was understanding, I asked my PM to confirm, and we both agreed the HOA should cover it.

We reached out to the HOA, informed them of the situation and asked them to remove the tree. They promptly replied that it wasn't their responsibility, the tree was on my property and I would need to pay for it. I replied back with the CC&Rs attached, and pointed to the specific sections covering landscaping and landscape maintenance. Shortly thereafter they let me know they would remove the tree.

Within 48 hours the HOA's landscaper removed the tree, or should I say, they removed the trunk and branches. They left the stump and sprawling roots, and sent me a Violation Notice informing me that I needed to remove the stump and roots, and either replace it with a new tree or with sod.

We responded stating that the stump and roots were literally a part of the tree and therefore it was the HOA's responsibility to remove them. They resisted, but after some back-and-forth they came around. A little over a week later, their landscaper returned and removed the stump and roots.

The HOA refused to either replace the tree or sod the area, so we went ahead and did it on our own at a reasonable cost. We also discovered that the main water line leading to the home had been damaged by the tree roots, and although that repair was more costly, and although we had recourse against the HOA (their tree damaged our plumbing), we chose to pay for it in order to maintain an overall positive relationship with the HOA and avoid court costs.

We saved close to $1,000 as a result of not having to bear the costs of the tree removal, so reviewing the CC&Rs paid off. Take time to inform yourself, particularly when working with an HOA, and even then you may need to be persistent to achieve the desired outcome.