Can Your HOA Prevent You from Removing a Tree

It is not uncommon for Beavercreek homeowners to debate about trees. While others absolutely love the shade and the different colors a tree can bring, some homeowners just can't handle fallen leaves, large branches, and constant maintenance. We are not surprised at how trees are a source of arguments in Homeowners Association (HOA) due to the many complicated scenarios that can transpire. To help you deal with tree disputes better, here are some laws related to trees in HOAs around Beavercreek, Ohio.
 
When a Tree Becomes a Nuisance 
A tree that invades the property of your neighbor can account for a nuisance. Your neighbor has the legal right to resolve the situation by removing the overhanging branches or destroy the invasive roots. However, this is the point where many homeowners make mistakes by severing the roots of their neighbor's tree. Further, the landowner cannot cut beyond the area where the tree encroaches their property. One piece of advice is to keep yourself from cutting branches or roots from your neighbor's property. You will be responsible legally in case anything gets damaged while you are cutting your neighbor's tree.

Common Tree Problems in HOAs

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Removing a tree that a homeowner wants to remain- HOAs usually are responsible for keeping the common area well-tended. General maintenance and preservation of the landscape should be done to keep the area safe and beautiful. When making decisions, the board members should consider the best interest of everyone involved. They should also look into different factors such as the following:

• Is the tree damaging properties?
• Is the tree in good health or not?
• Is there sufficient drainage around the tree?
• Does it get enough water?

• Is there any budget constraint?

Removing a tree because it's a liability- Sadly, no matter how we want to keep a tree, sometimes removing it is necessary, especially if it is causing a hazard to anyone's safety. Falling limbs or an uprooted tree can hurt anyone around it that is why it is best to remove it before it can cause any safety issues. It can also save you some cash to spend on tree removal than spending on repair costs.

View/Privacy Issues- If you live in a condo and plant a tree on the balcony of the first floor, you should make sure that it will not block the view of your neighbors on the higher levels. Before planting a tree, it is essential to know how tall it can get so you wouldn't have an issue with a view in the long run. If the tree grows taller than it should be, the HOA has the right to remove the tree.

Over Planting- HOAs should also maintain the appearance of the common area. To keep the curb appeal in your community, over planting should be avoided. If HOAs notice that trees are planted in wrong areas or there are too many in one part of your community, they serve all the right to remove them.

Reserve Issues- Make sure to reserve for your short and long-term landscape planning and upkeep.

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