Tree planting in homeowners yards

Started by RosalieP • 3 replies • 2252 views

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RosalieP (Kansas)
Posts: 3

Posted:

In our community, we are not zero lot line. We OWN and pay taxes on our yards. The HO association is wanting to plant trees in everyone's yards at a location that they have decided upon. Do they have a right to do this???? There is nothing in the by-laws on this. The only thing about landscaping in the laws is that the plan must be approved by the grounds committee.

RogerB (Colorado)
Posts: 5,067

Posted:

If it is your yard owned by you and not common area property the HOA can only plant trees with your approval.

BrianB (California)
Posts: 2,820

Posted:

it doesn't sound like they can.. they can request, but i do not believe they can enforce their will. One area to check is to see if there is an association easement or anything, a setback area that allows them to do certain landscapings, etc..

It would be similar to a city's easement that allows them to place sidewalks, etc. on YOUR property. If that doesn't exist in the rules, then they haven't got a leg.

RogerA (Florida)
Posts: 4

Posted:

My view is that the Baord/HOA should not be able to simply do as it pleases, however, entrenched in our HOA governing documents is the requirement for the HOA to maintain, repair and/or replace lawns, shrubs, trees and sprnkler systems. Our legal council opined that the Board/HOA can replace.

Look in your documents and see what the HOA role is. You may find the answer to your question there.

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