11 | Four Seasons Hemet Herald | November 2015 |
TREES, TREES, TREES Can I remove the tree in my front yard?
No, you need ARC approval to replace or remove the tree.
In a recent article in the Press-Enterprise Kelly Richardson wrote
about tree disputes in a HOA community. One owner asked about
his tree which has a branch overhanging into his neighbor's yard.
He wanted to know who is responsible for picking up the leaves or
blossoms that fall into that neighbor's yard.
Mr. Richardson sited the Civil Code Section 833 that says the
owner of the tree is determined by the property upon which its
trunk rests. California Courts have ruled since 1886 that the tree
owner is responsible for damage caused by the tree including roots
or branches that intrude into an adjacent property. Thus the owner
of the tree could be required to pick up the leaves and blossoms.
Here in Four Seasons at Hemet we have Guidelines concerning
Trees (page 7 of Architectural Guidelines revised in 2014).
• Trees installed (existing) at time of purchase shall remain
and be maintained (trimmed) and irrigated by homeowner
unless removal is otherwise approved by the ARC.
• Trees are to be planted at least five feet away from any
structure, hardscape or fence to avoid problems for the
homeowner, neighboring property and/or and common
areas.
• Trees shall not exceed 30 feet in height at maturity, trees over
15 feet must be trimmed to National Arborist standards.
NOTE: This means they must be trimmed or pruned so
they do not protrude over the sidewalk or curb or become a
danger to others.
• Any tree planted on the slope of the rear yard of a residence
shall not be allowed to grow above the ground level of the
residence above it. NOTE: This means that if your rear yard
tree grows higher than the elevated lot behind you, you must
cut it back.
IF YOU ARE RENTING A HOUSE ARE YOU RESPONSIBLE ?
Yes, both you and the landlord must abide by the HOA - CC&R's,
Guidelines or other rules. If you do not have a copy of the Guidelines,
pick up a copy at the Lodge desk. If you want to make changes check
with the management at the Lodge before starting your project.
Architectural Committee
