Who’s responsible for maintenance items (trees, bushes…etc) in a Landscape Easement?

We have a resident that lives on a corner lot, he has 3 trees that have become to large for the area, these were trees planted 12 years ago by the original developer. In the past 5 years this resident had a tree that was dying and the HOA paid to have it removed (albeit this person was also the President at that time). We’re in the process of getting a new management company so asking them is pointless; this is one of many reasons why we are looking. So my question to all of you;

Is the HOA responsible for Landscape Easements or only areas designated as common area?

Thanks
Chad

Chad,
I don’t know all that much about HOA but I would think if the trees are on his land then the he needs to maintain them to any and all specifications in the CC&R or by-laws It shouldn’t matter if they are two weeks old or 30 year old trees. I’m sure the trees (when they weren’t as mature) were great and there was no problem with them at all.
I’ve just re-read your post and I’m confused. Are the trees on his property or are they on common property? I think if they are on common property then they are the responsibility of the HOA, not his. That’s just my opinion, as a HO.

Keep us posted
Good luck
Chuck W.

I think I found the LSE in the Covenants

(e) Landscape Easements (L.S.E.) — Are created to provide areas for the use of the
Declarant and the Association in landscaping and maintaining said landscaping to enhance the overall appearance, value and desirability of the Development. It shall be the responsibility of the Association to maintain such easements. Under no circumstances shall the easement be blocked in any manner. No permanent structures shall be constructed within any such easement areas except as may be approved by Declarant.

I would take this to mean the HOA is responsible

ChadC,

Your analysis based upon the L.S.E. in your Covenants is accurate. It is the resonsibility of your HOA to maintain the trees, enhance them for overall appearance, value and desirability. If the trees have grown too large, need maintenance, or need removal (perhaps based upon a liscenced arborist's analysis), then your HOA has the obligation and responsibility to maintain the landscaping in the easement. Therefore, the owner(s) of the property appurtenant to the easement pay for the maintenance along with all the other ownerss by their dues.

GeraldT1
NNJ