You might wonder: Do i need HOA approval for tree removal? What’s the short answer? In most cases, yes. Tree removal is often under the jurisdiction of HOAs, which are well-known for their strict rules. Before you go out and grab your chainsaw, take a moment to review the details on HOA approval for tree removal.
Understand Rules of HOA Approval for Tree Removal
Homeowners’ associations are formed to preserve the aesthetic and ecological integrity of a locality. This includes trees that contribute to curb-appeal, property value, and local ecosystems. HOAs usually have landscaping guidelines which dictate what can and cannot be done with trees on your property.
In some case formal HOA approval for tree removal is required. Others only intervene when it comes to protected species or trees located in common areas.
Why HOA’s Care About Trees
Although it may seem overly strict, there is a good reason why HOAs have such strict rules about removing trees. The trees provide shade and prevent erosion. They also enhance the beauty of your neighborhood.
The community’s charm could be lost if everyone removed trees as they please. Some trees are protected by law, and HOAs enforce local environmental laws.
How to Check if You Need HOA Approval for Tree Removal
How can you tell if your application needs HOA approval for tree removal? Check the Covenants Conditions and Restrictions of your community. This document contains the rules for property maintenance and tree removal. You’ll need to get written permission if the CC&Rs include a clause about tree preservation.
You can also confirm by contacting the HOA board of directors or management company. You can avoid fines by sending an email or calling to clarify the rules. Ignoring HOA guidelines can lead to fines, tree replacements, or legal troubles.
How to Get HOA Approval for Tree Removal
You’ll have to follow a certain process if you find out that your HOA approval for tree removal. HOAs typically require homeowners to submit an official request that outlines the reasons for the removal, the condition of the tree, and any plans for replacement. Some HOAs may require additional information, such as photos or arborist’s assessments.
The board will review the request once it is submitted and approve or deny the request based on HOA guidelines. The process may take a few weeks or several days, depending on how complex the request is. You may be able to modify your request or appeal if you are denied.
Why a HOA May Approve Tree Removal
HOAs usually approve the removal of trees under certain conditions. You’re likely to get the go-ahead if a tree is diseased, dead or poses a danger. The board may also order the removal of trees that cause structural damage to driveways, sidewalks or foundations.
The board may not agree with aesthetics alone. Some HOAs insist on replacing the tree with one that is similar to maintain landscape consistency.
What Happens if You Remove a Tree without HOA Approval
If you skip the approval process, it can have serious consequences. Unauthorized removal of trees can lead to heavy fines if your HOA has strict policies on tree preservation. Some associations require homeowners to pay for the replacement of the tree, in order to maintain the landscape.
In extreme situations, the HOA could take legal action. This can lead to increased costs and headaches. It’s safer to ask for approval from your HOA before removing trees if you are unsure of their policies.
HOA vs. City Regulations: Who Has the Final Say?
HOA rules do not override local law, and in certain areas, city laws may be more strict. Tree protection ordinances in some municipalities require permits to remove trees, even if they are on private property. You’ll have to follow both city and HOA regulations.
You should check with the local government to determine if you need a permit. You will still not be able to legally remove the tree if you get HOA approval for tree removal but the city does not. You can avoid fines and stay in compliance by understanding both levels of regulations.
FAQs
Can a HOA make me remove a particular tree?
If the tree is in violation of community rules, or poses a danger, then it can be removed by an HOA.
How do I know if my tree has caused structural damage to my property?
Your HOA may approve the removal of your tree if it is causing structural damages, but documentation is required.
Is it necessary to have both city and HOA approval for tree removal?
Yes, in many cases. Even if your HOA has approved the removal of trees, some cities will require a permit.
If I remove a branch without HOA approval, what happens?
Your HOA may fine you, require a replacement tree, or take legal action.
Is it possible to replace a tree that has been removed with another type?
In some HOAs, replacing trees removed with similar species is required in order to maintain the landscape consistency.
Conclusion
Do you need HOA approval for tree removal? Yes, in most cases. HOAs enforce rules on tree removal to maintain aesthetics in the community, property values and environmental health. Consulting the board and checking your HOA’s CC&Rs can help you avoid fines and legal troubles.
Remember that even if your HOA approves, the local ordinances could have the final word. Following the correct procedures will ensure a hassle-free, smooth tree removal.
