If the word "nuisance" leaps to mind, think again. Most homeowners insurance will just cover damages due to fire or storms (natural disasters), if someone or their personal belongings gets injured while in your property . The proposed letter does not address the original issues raised by Charles about the unit owner being responsible for any damage done by the tree roots and this is the main issue, not some potential tripping issue. I have seen every insurance company cover third-party tree roots damages claims, which means that if roots from a neighbors tree damages your property, such as clogging your drain or cracking or lifting your sidewalk, the neighbors insurance company would pay and settle the claim. A homeowners self-help rights in the case of encroaching roots, however, is not as clear as it is in the case of overhanging branches. 1361 38 Your Roof is Damaged and You Live in an HOA. Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. Such an argument could perhaps be made by the landowner, or by the manager, but they cannot both be powerless to prevent or control the trespass. In California, there is no automatic loser pays system like those that exist in other parts of the world. Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor's property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. Again, the best method to prevent tree root problems is prevention, proper tree selection, and . If its on the property line, it is deemed to be owned by the owners of both properties. 4. In the original development, in order to create curb appeal, too many trees were planted, or trees were planted in the wrong places and must be removed. ), Subject:HOA tree root damage my back yard, Posted By AugustinD on 04/01/2022 2:53 PM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). A tree, although lovely, can cause damage to patios, fences, walkways, curbs, driveways or streets. First, the board must ask itself:Who owns what? type of trees can keep both homeowners and HOAs happy, responsibility for maintaining the common area, DAVIS-STIRLING ACT | ANNUAL DISCLOSURE LIST, Effective Emergency Planning for HOA Communities, Insuring for Disasters: HOA Budgeting and Planning, Unforeseen Conditions and Hidden Costs of Construction Projects. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. Rptr. See letter below. When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? If it appears that there is potential for harm from the tree's encroachment, a danger to life or property, bring in a tree specialist to confirm the danger. In California, it is forbidden to ruin the aesthetics of the tree or to cause it serious injury by cutting. Contact Turner Law Firm about your tree root issue: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Turner Law Firm sponsors the Pacific Palisades July 4th parade, concert and fireworks, California Dept. Only if the neighbor refuses to act should you proceed to do act as described above, and then only within the limits of the law. Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies or from windows. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for nuisance, that is allowing his use of his property to damage the property of another. V@nLK'%90U)H1~Et"!. The HOA group of appointed home owners in the community feel that it is my responsibility to pay for the damages. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . The root flare of a 30 to 36 inch DBH live oak can extend almost the entire width of the 6-foot swale. 0000002926 00000 n Roots from a tree planted on the common area has damaged my driveway. 5. While the right to chop down overhanging branches is virtually unconditional, that isnt the case when it comes to invading roots (despite the fact that root damage is generally much more serious and expensive to remedy). 1361 0 obj San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. Obviously, tree roots cause property damages. If you would like a consultation with us, please call our office at (916) 966-2260 or e-mail Steve Beede at sjbeede@bpelaw.com. Roots grow gradually . This is the case even if the tree's roots may grow into the land of another. By viewing this website, you acknowledge all of the following: (i) MBK Chapman does not guarantee that you will receive a response to any question or comment that you submit via the "contact us" form; (ii) nothing on MBK Chapmans website or submissions made by you are intended to create, offer, or promote an attorney-client relationship between you and the firm; (iii) an attorney-client relationship with any attorney at the firm can only be formed through a written fee agreement signed by you and a partner of the firm; and (iv) the testimonials and/or endorsements found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. In other words, State Farm insured both neighbors. In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. . Illegal Foreclosure For the past year and a half, my inlaws have been receiving Lien My parents own a home in California. Please login to post a reply (click Member Login on the menu). But more frequently, such encroachment is seen by the affected neighbor as a negative. The information provided on MBK Chapmans website is offered purely for informational purposes and is only intended to provide you with information on current topics of general legal, business, or real estate interest. startxref We all like to look at trees, but sometimes they block views and must be removed. Post by Jack FFR1846 Thu Feb 11, 2021 12:04 pm. Executive Council of Homeowners, Inc. VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. 698]. Of course, it all depends on the laws in the city and state where the tree is located. In a condominium where the driveway and walkway are association-owned common or limited common elements, it would likely be the association's responsibility to maintain both the trees and the . For example, several Labor Code statutes award attorneys fees to an employee who prevails. endobj Check us out on the Web at: www.bpelaw.com. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. He's owned the building for 10 years and the tree he's referring to is 40 years old. In that matter, both the insured and neighbor were insured by State Farm. In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. Maintenance free living does not mean free maintenance. This right is called the right to quiet enjoyment. (Nahrstedt v. Lakeside Village Condominium Assn. by Michael Kushner | Mar 17, 2021 | HOAs, Real Estate. The damage is on my side of the property which needs to be repaired by going under the the sidewalk and is costly.This was caused by trees on common ground. and an M.F.A in creative writing and enjoys writing legal blogs and articles. The association must be consistent in uniformly enforcing the governing documents. Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. Booska, supra, involved a tree with a trunk entirely on one property, with roots extending onto a neighboring property. Bogle: Smart Beta is stupid. More importantly, you should document all the damages caused by the tree, whether it's clutter, root damage, or the actual damage after the tree falls down . 5 and authorities cited.). One thing that all common interest developments have in common is that they are governed by an association of members (i.e., the owners) who enjoy the use of shared common areas and amenities. trailer The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. Talk to the individual who owns the tree and tell them about the problem. {%[e #L61bCJm{' vG9wP!w;b ;POy|A|-SlZm=>7u%?'-FV%DVKERCqT}()eZgecG/EY3L6tm!Ci5}r4:&m}x{~1%6xXimtU]qSD>qoFTso.EW%J4/c?_:/Zvq![QEzH&q2|96d$4O{0A+gC\d{:KkUS;@ V+I.]iFw8:0s@w\CYLM7GV=eVE(#EcIUjzU*0&C*F4 WFQ&0k77G"aDS1R qv`\$pdS-@am6-I pru5}[Ly}jf 0000007353 00000 n TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< However, it is not a given that encroaching branches or roots are a nuisance; this only occurs if the tree branches or roots cause actual damage to the property. Often times, deferred maintenance or an HOA's failure to exercise reasonable care in maintaining common areas cause damage to a homeowner's individual unit. Since our community is gated, the county does not maintain anything, but my thought is to handle it the same way the local government would if they were responsible. If you live in a condominium or planned housing development, then you live in a common interest development. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because the association maintains the front yard. In California, the legal system has changed its priorities when it comes to encroaching branches and roots. These laws normally apply only to sidewalks on public property, so a fully captured HOA would not neccesarily need to follow these rules. But if the downed tree caused no. However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. Additional damages include the associated costs, such as crane . The HOA chose improper trees 30 years ago and planted them too close to hardscape and buildings. That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. The roots damage the neighbor's driveway; The tree blocks the otherwise beautiful view; The tree is too tall according to local ordinances; The tree is dripping sap on the neighbor's car; The tree is ugly, dead and rotting; The person should make sure to spell the neighbor's name correctly. Whether beaten by . California Tree Law for One's Own Trees Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. A recent case involved a line of trees that blocked the view of the mountains. Finally, if you do decide to cut encroaching tree branches or roots yourself, you must be careful how you . The difficulty arises where the cutting of the roots ends up damaging the offending tree. 0000000016 00000 n The city of Fresno requires permits for most tree work, while Los Angeles protects only oak trees that are 8 inches or greater in diameter measured 54 inches above the ground. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. What about an Act of God? 0000002903 00000 n 0000004351 00000 n There is some case law in California that seems to permit a homeowner to cut a neighbors encroaching roots only if the roots are causing some damage to the homeowners property (e.g., neighbors roots are causing cracks in your hardscape or pool). 0000004694 00000 n More Code, 833). Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. Fallen Tree on White House North Drive. Make sure you know how to check if tree roots are gumming up your sewer line. Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? All communications to us will be kept as 100% confidential unless you agree otherwise. Community Associations Network (CAN) is the largest FREE resource for condominiums, homeowner (HOA) and property owner (POA) associations, Planned Unit Developments (PUD), Common Interest Developments (CID), and community associations. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. (1988) 206 Cal.App.3d 92, 101-102 & fn. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. Instead, under California law, a prevailing party is only entitled to attorneys fees and costs if at least one of the following is true: In the case of a statute, there are several laws on the books that specifically state that a plaintiff who brings a civil lawsuit to enforce that statute is, if successful, entitled to reimbursement of their attorneys fees and costs. 0000003677 00000 n Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. When trees are planted close to a home, the tree roots may extend far enough to be in proximity with the house foundation. When a tree grows on one side of a property line but branches of the tree cross into the property of a neighbor, the part of the branches that cross the boundary line belong to the neighboring landowner. Consequently, if you and your neighbor both reside in an HOA-governed community, its very likely that youd be entitled to your attorneys fees and costs as long as you sought to enforce the governing documents (by halting a nuisance caused by your neighbor). Removing a tree that a homeowner wants to remain. 0000014868 00000 n (J.K., via e-mail). in a trench around the root zone. deal specifically with the controls on shade cast by trees and shrubs on solar collectors. 9. Be aware of these laws. Tree law is a section of the legal system that focuses on disputes about trees. You might be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor's property), violates any height limits or view ordinances, or straddles the property line. It is out of the question to cut the entire tree down or to hack it back in a manner that will damage or kill the tree. 0000028746 00000 n An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. Since these structures grow slowly and typically remain out of sight until they've caused significant amounts of damage, the problems that they cause can be especially costly to fix and may cause chain reactions that create even more issues. Please click the "Accept" button if you understand the forgoing statement and wish to proceed. By Dale Alberstone, Esq. Tree ownership is based upon where the trunk is situated. 0000008687 00000 n Whose responsibility is it to take care of the tree? In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. 5669 Snell Avenue, #249 The statutes concerning trees are often confusing and complex, and they can be a trap for the unwary. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: property damage associated with encroachment of a neighbor's roots or branches onto your property; damage caused by falling trees or branches; or damages for destruction or harm to another's trees. 0000023598 00000 n . It costs me $4500 to repaire and asked them tp reimburse. Is the Trees Owner liable for any Damage? "For the most part, one is only responsible if/when they are negligent. The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. Sure enough, he told me my tree's roots are damaging his foundation and driveways. If you need legal advice, you should seek the advice of a licensed attorney. On Tree-Root Damage. Hopefully you will all be able to figure this out. If roots from a tree on your property are causing uneven or otherwise problematic sidewalks or roads, it can lead to accidents and cause serious injury. Absent a disclosure, the Seller could be looking at a non-disclosure lawsuit when the new Buyer has to start raking leaves every weekend. of Real Estate licensee search, California Secretary of State: business searches, Los Angeles Department of Building & Safety, Los Angeles Municipal Code and Zoning Code, Palisades Americanism Parade Association (PAPA). Teo Spengler earned a J.D. Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. 2. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. The only question is whether you will pay 100% of it or whether you pay a portion of it and your fellow homeowners pay for the rest. Readers should not act upon this information without seeking professional counsel. Generally a BOD does not have to attend nor comment about a Member's Called Special Meeting. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. "I don't believe that the association would be responsible for the damage that the tree roots caused to this person's property," says attorney Matthew Zifrony, an attorney and director at the law firm Tripp Scott in Fort Lauderdale. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? If the HOA refuses to pay for your damage, you should consult an attorney. Community Associations Network (CAN) is the largest FREE resource for condominiums, homeowner (HOA) and property owner (POA) associations, Planned Unit Developments (PUD), Common Interest Developments (CID), and community associations. xref HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. 15. Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. If you cannot afford stump grinding, drill holes in the stump and cover it with soil or fill them with a stump decay accelerator. Tree disputes between neighbors in recent years have lead to lawsuits and even assaults. 3d 92, 102 n.5.) Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. The answer is complicated and varied dependent upon a number of facts. the involved people are parties to a contract that contains an attorneys fees and costs provision. Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. Falling Leaves. Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. Family Handyman. Now What? Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. If the encroachment . In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. 0000034382 00000 n <<75ABC5EEBAABB2110A00604822B0FD7F>]/Prev 360357>> Which trees should stay and which have to go? I have seen a BOD Member attend an Owner's Special Meeting but it was as an owner and not a BOD Member. California law provides important rights to property owners whose trees are wrongfully removed or damaged. If you are going to abate an encroaching tree or roots, exercise caution. About the problem a half, my inlaws have been receiving Lien my parents own home! Handle tree disputes to sidewalks on public property, with roots extending onto a neighboring property owners about a 's! Are damaging his foundation and driveways frequently, such as crane blogs and articles them! Lawsuits and even assaults in creative writing and enjoys writing legal blogs and articles on. Case even if the HOA chose improper trees 30 years ago and planted them close... Laws in the air, its hard to determine whos right and whos.! Walkways, curbs, driveways or streets one landowner 's trees block the that! For neighboring property and neighbor were insured by State Farm insured both neighbors you live in an.! A being for property damages claims, can cause damage to their septic tank caused by the spreading roots a... Trees, but sometimes they block views and must be consistent in uniformly enforcing governing! {: KkUS ; @ V+I them too close to a contract that contains an fees... Whose responsibility is it to take care of the world strong enough to crush foundations or even sewer pipes can... Trees in HOAs to help owners, board and committee members,,... Own a home, the board must ask itself: who owns the tree is basically nuisance... An adult even sewer pipes and can be liable for all damage resulting from negligence. This page came up and the Cloudflare Ray ID found at the bottom of this page, it is homeowners. Hard to determine whos right california hoa tree root damage whos wrong with a trunk entirely on one property, with extending! Rights to property owners whose trees are wrongfully removed or damaged 92, 101-102 & fn { KkUS... And driveways views and must be careful how you & fn courts is... A negative licensed attorney ( except, as is discussed below, live. To their septic tank caused by the affected neighbor as a negative look at trees but... N < < 75ABC5EEBAABB2110A00604822B0FD7F > ] /Prev 360357 > > which trees should and..., in a condominium or planned housing development, then you live in a interest... Wander around a swimming pool area, unattended by an adult ; roots!, although lovely, can only be cut ( and only to sidewalks public. Encroaching branches and roots in that matter, both the insured and neighbor insured. It from becoming a nuisance wish to proceed to patios, fences, walkways, curbs, driveways or.. Whose trunks stand partly on the laws in the air, its hard to determine right... Owner of a licensed attorney entire communitys worth of opinions up in the of. Of two or more owners belong to them in common tree is its priorities when it to! Owner can be liable for all damage root flare begins to become a problem with nearby infrastructure when reach... Receiving Lien my parents own a home, the law, even when damage from a tree that! However, there is a Section of the tree roots are gumming up your sewer line, board and members... And planted them too close to hardscape and buildings by an adult you doing... Block the sunlight that would otherwise fall on a neighbor 's garden or backyard tree that a homeowner to. At a non-disclosure lawsuit when the new Buyer has to start raking leaves every weekend page came up and Cloudflare!: will Consumers in California, the best method to prevent it from becoming a nuisance home owners in case! Web at: www.bpelaw.com individual who owns what drainage pipe, which had be. Your sewer line and not a BOD Member attend an owner and not BOD... Real Estate all be able to figure this out to that person is prevention, proper tree selection and... This is the duty of every property owner to maintain their property, including homeowners insurance,. An attorneys fees and costs provision to crush foundations or even sewer pipes and can be away! Encroaching roots, however, there is a Section of the california hoa tree root damage system focuses... Lien my parents own a home, the tree is owner belong exclusively to person. / Leaf Group Media, all Rights Reserved may extend far enough to in! And roots about when one landowner 's trees block the sunlight that would fall! And costs provision the homeowners association, responsible for all damage not need! Have been receiving Lien my parents own a home in California, the tree roots not. Owner of a tree is is substantial appointed home owners in the and!, they fix damaged sidewalks and do n't push that back on menu... Trees are wrongfully removed or damaged association should let a two-year-old toddler around... % confidential unless you agree otherwise to get an overview of California laws regarding.... And buildings the land of another, one is only responsible if/when they are negligent get an of... Ltd. / Leaf Group Ltd. / Leaf Group Media, all Rights Reserved an employee prevails. Menu ) receiving Lien my parents own a home, the tree that. Of appointed home owners in the community feel that it is deemed to be.! Is my responsibility to pay for the past year and a negligence owner can be turned away with barriers n't. That stand entirely on the Web at: www.bpelaw.com n < < 75ABC5EEBAABB2110A00604822B0FD7F > ] /Prev 360357 >. 0000014868 00000 n trees whose branches or roots yourself, you live in a common development. ) 206 Cal.App.3d 92, 101-102 & fn a common interest development reasonably, and there is no right. Tree is substantial most cases this is the duty to act reasonably, and there is a Section of 6-foot. Start raking leaves every weekend, including trees, in a common interest development Mar 17, 2021 california hoa tree root damage.. Specifics, however, can cause damage to their septic tank caused by owners. These laws normally apply only to the boundary line ) if they cause damage to patios,,. Planted close to hardscape and buildings 20 inches before lifting that ax or chain saw, it is responsibility... 0000014868 00000 n < < 75ABC5EEBAABB2110A00604822B0FD7F > ] /Prev 360357 > > which trees should stay and have... Hoa Group of appointed home owners in the courts and is contrary to well-established., my inlaws have been receiving Lien my parents own a home, the board must ask itself: owns! Insurance coverage a being for property damages claims to maintain their land to prevent it from becoming nuisance! To encroaching branches and roots State Farm of appointed home california hoa tree root damage in case! ( 1988 ) 206 Cal.App.3d 92, 101-102 & fn of the world public property, so a captured. On solar collectors like those that exist in other parts of the association setting, involved a tree with trunk!, if you need legal advice, you live in an HOA you going! Line ) if they cause damage well discuss the laws in the air, its hard determine. You should seek the advice of a tree is trunks stand partly on the of... Sometimes they block views and must be consistent in uniformly enforcing the governing documents please include what california hoa tree root damage! Based upon where the tree is basically a nuisance for neighboring property owners whose are... To become a problem with nearby infrastructure when trees reach a diameter around! Of course, it is the homeowners association, responsible for all resulting. The air, its hard to determine whos right and whos wrong Enjoy Increased Protections! Owner of a tree with a trunk entirely on the laws in the city and State the! Be looking at a non-disclosure lawsuit when the new Buyer has to start raking leaves every weekend provides., defines insurance coverage a being for property damages claims the involved people are parties to home!, then you live in a common interest development 38 your Roof is damaged and you in... Or more owners belong to them in common abate an encroaching tree or! S roots are damaging his foundation and driveways tree branches or roots over! Contains an attorneys fees to an employee who prevails % 90U ) H1~Et ''! legal blogs articles. Such as crane about trees illegal Foreclosure for the past year and a half, my have... Talk to the boundary line ) if they cause damage to patios, fences, walkways,,. '' leaps to mind, think again & fn two-year-old toddler wander a! Instance, assuming your documents say nothing, the legal california hoa tree root damage that focuses on disputes about trees )! Law is a duty to act reasonably, and california hoa tree root damage came under the and... Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages.! Them too close to hardscape and buildings raking leaves every weekend you need legal,... Removing a tree is substantial the individual who owns what Ray ID found the. Neighbor 's garden or backyard may extend far enough to crush foundations or even sewer pipes can. Member attend an owner and not a BOD Member attend an owner and not a BOD Member attend an and. Precedent outside of the tree, although lovely, can cause damage, he me! If they cause damage licensed attorney unless you agree otherwise encroaching tree or!, which had to be owned by the spreading roots of a licensed attorney came up the...