Is a Homeowners Association Responsible for Damage Caused by a Tree in a Common Area?

Full question:

I live in a neighborhood where a tree, which resides outside my fence line, and not on my property, is maintained by the HOA. The tree has grown roots, which have encroached into my property and caused extensive damage to my walkway, uplifted my fence and broke concrete in my adjacent yard.I sent pictures and they have replied that they are not responsible and that they are not going to pay for the damage. When I consulted my own homeowners insurance, they told me there is a couple of California Civil Codes for Trespass which would make the HOA responsible for the damage. It is their tree?How is it that if a neighbors tree falls on my house they are responsible and yet in this case, they feel they are not. They already said that the tree is in the common area and according to the bylaws, are responsible for them. They said they will put up an underground retaining wall to stop the roots, but won't pay for the damage. Isn't that why they have liability insurance?

• Category: Trees
• Date: 04/07/2025
• State: California

Answer:

Adjoining landowners can find themselves in disputes over fences, overhanging branches and party walls. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. If the tree trunk is located wholly on one property, the tree is "owned" by that property owner. Even if the branches go over the property line. If the trunk straddles the property line, you have a shared tree. A tree growing in the boundary line is the joint property of both owners of the land.

The answer will depend on the governing documents of the association. Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common areas, other than exclusive use common areas, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the separate interest.

Although you may cut tree limbs and remove roots from a neighboring tree where they cross over the property line, you cannot do so if it will damage the continued viability of the tree. The neighbor with the branches reaching onto his or her yard has the right to trim those branches back to the property line (and pay for it himself or herself). The neighbor cannot demand that the tree owner pay to trim the branches. The neighbor cannot harm the tree, kill it, or chop it down. If the neighbor harms the tree, he or she could be liable for damages.

Trees may be considered an encroachment. For example, when Neighbor A's tree is alllowed to grow onto the Neighbor B's property and damage a fence, it is an encroachment on neighbor B's property. Neighbor A may be required to remove the tree. A Court has discretion to balance hardships and deny removal of an encroachment if it was innocently made, the cost of removal greatly exceeds the inconvenience to plaintiff, and the plaintiff is compensated for damages caused by the encroachment.

If the tree owner allows the tree to grow so that it uproots the fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree. A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement. Leaves which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest. Property owners in every state have the right to cut off branches and roots that stray into their property, in most cases this is the only help that is provided by the law, even when damage from a tree is substantial. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming.