You have a tree on your property and the HOA has sent a notice or a neighbor has complained and now the board is involved. Maybe the tree is dead. Maybe it is leaning in a direction that makes people nervous. Maybe it is perfectly healthy but someone decided it is a problem. Now you are wondering whether the HOA can actually force you to remove it and what your options are if you disagree.
The answer depends on your specific CC&Rs and community rules but in many HOA communities in Spring Hill the answer is yes under certain circumstances. A dead tree that poses a risk to neighboring properties, common areas or structures is the clearest case. Most HOA documents include language about hazardous conditions on private property and a dead tree near a fence line, a neighbor’s home or a community common area falls squarely into that category. An HOA that can document the hazard has a strong basis for requiring removal and for escalating to fines if the homeowner does not act.
A leaning tree is the other situation where HOAs move quickly. A tree that has developed a visible lean toward a neighbor’s property or a common area is a liability for the association and they know it. After major storms boards in communities like Timber Pines, Regency Oaks and Sterling Hill do property checks specifically looking for trees that shifted or took damage. If your tree is on the list you will hear about it.
When It Gets More Complicated
A healthy tree that the HOA or a neighbor simply does not like is a different situation. HOAs generally cannot force you to remove a tree that is not dead, damaged or posing a documentable hazard just because someone finds it aesthetically objectionable or because it drops leaves into a neighbor’s yard. That said the line between a nuisance and a hazard is not always clear and boards interpret their documents in ways that are not always consistent or reasonable. If you are in a dispute with your HOA over a tree that you believe is healthy and safe it is worth reading your CC&Rs carefully and understanding exactly what the documented basis for the request is before agreeing to anything.
What boards can almost always require is trimming, even on a healthy tree, if branches are extending over neighboring property or common areas. So even if full removal is not something your HOA can force on a healthy tree they can likely require you to trim it back to your property line.
What Happens If You Ignore the Notice
The same escalation process applies here as with any HOA violation. Fines begin after the deadline in the notice passes. Some communities fine per day. Others issue a flat fine with additional time before escalating further. An unresolved compliance issue can affect your ability to sell the property. In cases involving a documented hazard some HOAs have the authority to arrange for the work to be done and bill the homeowner for it if the homeowner refuses to act within the required timeframe.
In practice most homeowners find it is much easier to get the tree removed or trimmed and resolve the situation than to dig in and fight an HOA over it. The fines and the ongoing friction with the board and neighbors usually cost more in time, stress and money than just dealing with the tree.
If your HOA has flagged a tree on your property in Spring Hill Spring Hill Tree Specialists handles tree removal and tree trimming throughout Hernando County. We come out, look at the situation and give you a straight answer on what needs to happen. You can read more in can my HOA make me trim my trees in Spring Hill and which trees should I remove before hurricane season in Spring Hill. Find out more about our tree service in Spring Hill. Free estimates on all work.