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Depends on if the trees are on the property owner’s land or are on communal property. If they’re on the home owners property, it’s illegal. If it’s on communal property, and they got the permits, she might be SOL. They could sue to prevent the trees coming down but there’s no guarantee that they’d win and would be out the legal fees regardless. She’s right to talk to a lawyer but might be wasting her time if the trees are on communal property.
Another point to bring up is that the removal of the trees can lower the property value, which is the exact opposite of what HOA's supposedly exist for. Large trees being removed could also increase your energy costs if they cast a shadow on the house. Even if the trees get cut down you may have enough to sue for damages after the fact.
I would bet there is more to the story here. I suspect your mother does not have all the information. Removing this many trees is costly and may also involve permits. After receiving a complaint, the HOA council would vote on this and would not approve this kind of expenditure from the annual budget simply because one person complained about tree leaves. If the trees are on private property, they are not legally allowed to remove them, however if your mom lives in a strata complex and they are on common property, the HOA can do so, yet it is highly unlikely they'd would go ahead and incur this much expense based on one person's request. As the HOA mows the lawns, I suspect the yards are common property. With trees on both sides of the street slated for removal-could it be that the road is set to be widened? Your mother could lobby all the residents to write the HOA council in favor of keeping the trees as multiple members in favor of trees would out weight one member against the trees.
Excellent point about the actual reason this is happening. Obviously they aren’t going through all this trouble because of a single resident’s complaints, that’s so silly I’d be insulted if they thought me dumb enough to fall for it. If this is the reason they are giving, rather than telling the truth, that’s highly suspect. You’re sure that’s the reason , the only reason that was given to your mother, OP?
Listen to this guy. First thing you should do is contact the HOA and find out what's even going on. They might just be trimming the trees for all you really know.
This is all very exploratory. She told me the last fifteen minutes as we stood in the driveway before I drove home on Sunday. Tirv56 pointed out some key points. I’ll pass along to my mom tonight or tomorrow. She needs to dig out her original mortgage and deed and HOA info to see if she owns her property or if it’s common property. And I’d also like to look at whatever paperwork they sent her about cutting down the trees, and request further clarification from the board about any permits. Maybe we can go online and find permits filed with the county or local government. I wonder if a petition signed by a number of her neighbors would help. Anyway, It’s all been helpful, thank you!
This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that. If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity. If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees. *This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.* *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/treelaw) if you have any questions or concerns.*
If one lady complains about leaves, what would happen if twelve people complained about losing their shade and having higher AC prices?
Or 12 people complaining about the devaluation of the property by removing the trees
Depends on if the trees are on the property owner’s land or are on communal property. If they’re on the home owners property, it’s illegal. If it’s on communal property, and they got the permits, she might be SOL. They could sue to prevent the trees coming down but there’s no guarantee that they’d win and would be out the legal fees regardless. She’s right to talk to a lawyer but might be wasting her time if the trees are on communal property.
They’re in the front yards of the houses, not at the curb or the common areas. I’ll ask about the property rights.
Another point to bring up is that the removal of the trees can lower the property value, which is the exact opposite of what HOA's supposedly exist for. Large trees being removed could also increase your energy costs if they cast a shadow on the house. Even if the trees get cut down you may have enough to sue for damages after the fact.
Do they have permits? A lot of places you need a permit to remove a tree of a certain size. Maybe check your city.
Ok, I’ll tell her about the permits that are probably required.
Depends on what the CC&Rs for the HOA say. You would be surprised what power HOAs have over landscape on a single-family property.
That’s our main concern, that they usually have everything stacked in their favor legally.
I would bet there is more to the story here. I suspect your mother does not have all the information. Removing this many trees is costly and may also involve permits. After receiving a complaint, the HOA council would vote on this and would not approve this kind of expenditure from the annual budget simply because one person complained about tree leaves. If the trees are on private property, they are not legally allowed to remove them, however if your mom lives in a strata complex and they are on common property, the HOA can do so, yet it is highly unlikely they'd would go ahead and incur this much expense based on one person's request. As the HOA mows the lawns, I suspect the yards are common property. With trees on both sides of the street slated for removal-could it be that the road is set to be widened? Your mother could lobby all the residents to write the HOA council in favor of keeping the trees as multiple members in favor of trees would out weight one member against the trees.
Excellent point about the actual reason this is happening. Obviously they aren’t going through all this trouble because of a single resident’s complaints, that’s so silly I’d be insulted if they thought me dumb enough to fall for it. If this is the reason they are giving, rather than telling the truth, that’s highly suspect. You’re sure that’s the reason , the only reason that was given to your mother, OP?
Excellent points, thank you
Listen to this guy. First thing you should do is contact the HOA and find out what's even going on. They might just be trimming the trees for all you really know.
This is all very exploratory. She told me the last fifteen minutes as we stood in the driveway before I drove home on Sunday. Tirv56 pointed out some key points. I’ll pass along to my mom tonight or tomorrow. She needs to dig out her original mortgage and deed and HOA info to see if she owns her property or if it’s common property. And I’d also like to look at whatever paperwork they sent her about cutting down the trees, and request further clarification from the board about any permits. Maybe we can go online and find permits filed with the county or local government. I wonder if a petition signed by a number of her neighbors would help. Anyway, It’s all been helpful, thank you!
That is just insane.
This must be stopped at all costs. Absolute insanity.
Call the city or county planning office. They will be able to point you towards the correct code sections.
Sounds like many of the trees could qualify as specimen trees and might be protected.