Hello All,
Are there any CC&R's regarding Trees and how far they should be from the fenceline? I have a tree that is located in my neighbors yard and is less than a foot away from the fencline. It has caused structural damage already requiring cement to be broken, roots to be cut with several already encroaching on the foundation. The Property Management stated that they couldn't do anything.... explain to me why? What do we pay for if they can't assist with issues that aren't visible from the stree? Any assistance would be helpful!
Thanks,
CC&R's are written to help retain common rules within the Association. Most are written to apply rules within the Common Areas (pool in Stonewood One) and the architectural beautification of frontyards. HOA's have limited control of what takes place in the backyards, so its up to the individual homeowners to follow CC&R guidelines for the backyard..i.e. no storage of vehicles, certain care of animals feces picked up.
If a fence fell down in the backyard, it's normally a 50/50 split between the two owners to share costs to replace it. In the case of your concrete being encroached due to the tree, it would be best to talk with your neighbor politely to come up with a reasonable solution to the problem. If you can't agree the next thing to do is sue if it's feasible and you wish to resolve the issue.
You may contact the board while our CC&R's are being re-written and see if its possible to set any guidelines regarding the planting of trees near fences. I know in the past that they have been able to force people to remove trees that encroached sidewalks. Make your point known and don't give up.
Tivopro
