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EdwardB6 (New Jersey)
Posts: 1
Posted:
does a hoa have to replace a dead tree that was planted by the builder
PeterD3 (Florida)
Posts: 708
Posted:
Generally speaking if the tree was/is on a 'common area', i.e. not private property such as a lot, then most likely.

It is the purpose/responsibility of an HOA to maintain the common areas and ammenities.

Some cities will also require/compell the HOA to do so as there may be a 'site plan' requiring X number of trees. They may not require it be placed in the exact same spot but that X number of trees be on site.

For instance if the tree was damaging utilities such as underground sewer, phone, etc., the tree replacement may be placed elsewhere were it is not likely to repeat the problem(s).
BeegeeM (Texas)
Posts: 6
Posted:
In the past it has been the practice of our HOA not to replace these trees as they die. I do not know why they did not, but we are looking into replacing them now for pure aesthetic reasons. I do not know why you would not want to replace a tree that has been knocked down or killed. Unless there is a law like PeterD says in your area, it may be up to whoever is running things in your HOA.
MikeS1
Posts: 521
Posted:
Not likely required. We have so many trees that are now crowding each other, many are dying because some of them need to thinned out. Some of the pine tree specimens have a natural finite lifespan of about 20 years and it's just what they do. Of course, these are some wierd non-native pine trees. We know that some of the native white pine trees can grow huge and easier last 30-40 years. But many of these commmon area trees start encroaching houses and when some of the old pine trees get so big, it's just too much of a hazard to leave them up until a wind storm or hurricane knocks them down on top of one of our homes. Our county previously had an arborist and you had to get approval to take down any tree (even if it's on your property). Now that's not been the case for about 6 years.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
It is the purpose/responsibility of an HOA to maintain the common areas and ammenities.


Sometimes "maintaining" could mean getting rid of trees that should never have been there in the first place. Maintaining does not always mean replacing.

PS. Pine trees are a pain in the butt. Too much work. Never plant more pine trees.
TimB4 (Tennessee)
Posts: 21,046
Posted:
Edward,

The key phrase in your question is "have to replace".

Typically, the Board has full authority over the common area landscaping and replacing trees would typically be optional and not required. You would need to read your governing documents to see if there is any requirement for landscaping to remain as it is.

Replacing the tree might have been determined by finances. You might want to ask the board for permission to plant a similar tree in place of the dead tree at your expense. If the replacement is being controlled by finances, I expect that they would agree with such an offer.

Tim
PeterD3 (Florida)
Posts: 708
Posted:
Be careful and ask questions of your city officials anonymously if possible if you are required to maintain landscaping to a site plan.

During the hurricanes Francis, Jean, and Wilma some of our 500+ trees were damaged and eventually died.

A few years later the president called the city code enforcement to complain about her neighbor that had cut down a messy oak tree on their lot which provided the pres. with some shade due to it's location.

The city came out and discovered you are missing 90+ trees from your site plan.

SURPRISE we were forced to replace them at an average cost $200 plus installation.

Insult to injury...A number of HOs also found out they needed to replace trees on their lots as well.

MikeS1
Posts: 521
Posted:
Tim, No kidding - The builders always plant bradford pears, pines, maples, crabapples, cherrys and oaktrees too close to buidings, sidewalks, and driveways, for three reasons. Builders are cheap, cheap, cheap. The maple roots make it difficult to maintain the turr areas since they have mostly surface roots that usurp the moisture, making it difficult to maintain turf. The Oaks and Cherry trees heave concrete driveways and sidewalks. The bradford pear trees are pretty in the spring,but they stink (odiferous) and they snap in a light windstorm. We worked with a State Arborist and our Landscaping contractor lately in order to survey all the trees. In some areas, they recommended taking out some poor specimens and junk trees and recommended thinning out trees in some other areas where the Pines, spruce and Leyland Cypress trees were crowding or starting to crowd each other. Additional trees, like Crape Myrtle, American Service Berry and Cherry trees were recommended replacements. Other suggestions for additional screening due to the windstorm losses involved installing Leyland Cypress for screening and sound attenutation along the highway. Check with your local county/city/state governments and see if they have an aborist that can assist with reviewing your overall tree plan.

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