How should our HOA board handle an owner's request to remove or trim a healthy common-area tree?
By OurHOA · General information · Revised
How an HOA board decides an owner's request to cut a healthy common-area tree: sorting the reason, arborist review, city permits, who pays, conditions and replanting.
Part of the HOA board handbook: vendors, projects and upkeep.
The short answer
Say yes to reasonable pruning, say no to removing a healthy tree for leaves, shade or a view, and remove one only when a certified arborist puts in writing that it is damaging property or cannot be kept safe. The tree belongs to every owner, and a mature shade tree takes decades to replace. Decide each request under a written standard, at an open board meeting, with the same answer you would give any other owner in the same spot. When the work mainly benefits one owner, that owner pays for it and the association hires or approves the contractor. Check the city or county tree rules before anyone cuts. Rules vary by state, by city and by your governing documents, so read this as general guidance, not legal advice.
Sort the request by the reason
Most requests fall into five groups, and each one has a default answer. Leaves, needles, pods or fruit landing in the owner's yard, gutter or pool: no removal, because every tree drops something. Offer a cleanup at the next scheduled pruning cycle at most. Blocked view, too much shade, or shade on solar panels: consider pruning that lifts or thins the canopy within professional standards, and say no to topping, which leaves a weaker tree. Roots near a slab, driveway, sidewalk or sewer line: get evidence before deciding, because roots get blamed for cracks they did not cause. A tree the owner believes is about to fall: that is a safety question, and it goes to your hazard process right away, not to the next agenda. Allergies or a dislike of the species: no. Write the reason on the request form so the board can see which group it is in, and ask for photos.
Get the arborist's opinion in writing
Hire an ISA Certified Arborist to look at the tree, and give the arborist specific questions. Is the tree healthy and structurally sound? Is it causing the damage the owner describes, and what is the evidence? Would root pruning or a root barrier solve it without killing or destabilizing the tree? What pruning would address the view or shade complaint, and how much canopy can safely come off at once? What is the remaining life of the tree? Ask the arborist not to bid the removal, so the opinion is not tied to the work. For a root claim, ask the owner for any foundation or plumbing report they already have. A camera inspection of a sewer line is the usual way to show roots inside a pipe. Who pays for the opinion depends on the reason: the association pays when the question is safety or damage to common property, and the owner pays up front when the request is about view, shade or debris.
Check the city rules before anyone cuts
Many cities regulate trees on private land, and association common area is private land. In Austin, a tree 19 inches or more in diameter, measured 4.5 feet above the ground, is a protected tree that needs a city permit to remove, and removing a heritage tree of 24 inches or more of listed species such as oaks, pecans and cedar elms is prohibited except through the process in City Code section 25-8-641. In Denver, the Office of the City Forester requires a permit before removing or planting a public or protected tree. The permit is free, the licensed contractor usually applies for it, and review can take up to 5 business days. In Florida, section 163.045 stops local governments from requiring a permit to prune or remove a tree on residential property when the owner has a signed tree risk assessment from an ISA Certified Arborist or a Florida licensed landscape architect showing unacceptable risk. The statute defines residential property as a lot with a single-family detached home, so do not assume it reaches a tree on association common area. Ask the city or county arborist's office, and keep their answer in the file.
Decide, attach conditions and write it down
Put the request, the arborist's report and any city answer in the board packet and vote at an open meeting. Consistency matters more than any single tree: if the board approved a removal on Maple Court last year, the reasons should match this one, or the minutes should say why they differ. When the answer is yes, attach conditions. The association hires the contractor or approves the owner's contractor in advance. The contractor carries general liability and workers' compensation insurance and gives the association a certificate. Work follows the arborist's pruning plan, not the owner's instructions on the day. The owner pays the full cost, including stump grinding and the permit. A removal is replaced with a tree of a species and size the board picks, planted within 6 months. Sample motion: 'Moved, that the board approve pruning of the live oak behind 412 Ridge Lane to raise the canopy to 14 feet, in accordance with the arborist's report dated September 30, at the owner's expense, by a contractor approved by the board.' Our guide on how to plan an HOA tree maintenance program helps schedule pruning so requests like this become rarer.
Wording for the decision letter
Send the decision in writing within 10 days of the meeting, and keep it short. For a denial: 'The board reviewed your request to remove the oak tree on the common area behind your home at its meeting on October 14. The arborist found the tree healthy and structurally sound and found no evidence that its roots caused the cracks in your driveway. The association's practice is to keep healthy common-area trees, so the request is denied. The tree is on the association's pruning schedule for this winter, and the board will ask the contractor to clear branches back 10 feet from your roof at that time. If you get new evidence, such as a foundation engineer's report, you may resubmit the request.' For an approval, list each condition from the motion and the date the work must be finished. Keep the letter, the report and the photos in the property file so the next board knows what was decided and why.
Mistakes boards make
Letting a director approve a removal by phone because the owner is a neighbor. Relying on the tree company's opinion when the same company will be paid to cut. Topping a tree to restore a view and then paying to remove it five years later when it fails. Removing a protected tree without the city permit and getting the fine and the mitigation bill. Paying for an owner's view project out of the landscaping budget. Treating a real hazard report as a routine request and waiting a month. Cutting a tree that sits on the line between common area and a lot without checking the plat first. Our guide on what to do when an owner cuts trees on HOA common area without permission covers what happens when someone skips the request altogether, and our guide on removing a dead or dangerous tree covers the hazard side.
Sources
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.
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