I live in a subdivision in Northern California comprised of 17 homes that share a common well. On one of the homeowners' properties is a large oak tree which has a big limb that hangs over our water storage tanks (which sit on a seperate piece of mutually owned property). Though the tree is healthy, this poses a threat of almost certain damage to the tanks if it should break off and fall. In order to ensure the safety of the tanks the limb should be removed. Would anyone know if the removal of the limb would be the financial responsibility of the homeowner, the homeowners' association, or is there mutual responsibility? If it's the responsibility of the homeowner whose property the tree sits on, can the homeowners' association legally require of the homeowner that he take measures to have the limb removed? If the limb weren't removed and were to fall and damage the tanks, whose responsibility would it be financially to repair them? Thank you!

Reply to post by Irene Boehm, on March 10, 2001 at 12:09:19:

Obviously you need a lawyer, who is familiar with tree law, not an arborist. If the limb is healthy AND structurally sound, I don't see why anyone would be responsible to remove it. Also, if this viable limb were to fall, it is my experience that the tree owner is not responsible for any damages.

Lew

Reply to post by Irene Boehm, on March 10, 2001 at 12:09:19:

Laws do vary by jurisdiction, you need a knowledgable and experienced lawyer.

Generally speaking, you cannot require the homeowner to remove the limb, however, the association owning the land below the limb can remove the portion of the limb directly over that land.

Preferably the association would do this with the knowledge and consent of the homeowner and professionally so as not to harm the tree.

Reply to post by steven, on March 10, 2001 at 12:09:19:

I am NOT an attorney, and this is a legal and insurance issue. So talk to an attorney in your own state.

This is California, remember. In many states (such as Florida) a property owner has an absolute property right from property line to property line. In this case a person may trim the part of the tree that overhangs his own property. It is my understanding that California law is differant on this matter, and one does not have an absolute right to trim to the property line.

In any event be sure that American National Standards Institute for trim trimming are followed. It's good practice and only common sense to notify the owner of the tree well in advance of any work to be performed on it.

Reply to post by Irene Boehm, on March 10, 2001 at 12:09:19:

Hello again.

I appreciate everyone's input on this issue. I don't know whether it makes any difference or not, but the owner of the oak tree is not only aware of the risk the limb poses, but it was he who asked the Association to discuss having it removed at our annual meeting which he was unable to attend. Several members seemed to recall that he stated at the meeting two years ago that he would take care of having it removed, however I could not find anything in the meeting minutes to substantiate this. We suspect that he may have gotten an estimate when he had some other work done on his property and when he found out how much it was going to cost decided to put the burden on the Association. The homeowner seems to be as concerned as anyone else, perhaps even moreso because as he put it, he sees the limb hanging over the tanks every time he walks outside his house. So if HE thinks the limb should come down and since the tree is on his property, would it seem that the removal should be his financial responsibility? One of our Association members is going to be getting some estimates on having the limb removed and then will contact the homeowner. I'd just like to get opinions on whether or not it seems reasonable that we should be able to expect the homeowner to pay for the removal or at least part of the cost in light of where the tree sits.

Thanks again,
Irene