An HOA tree is damaging my unit, or the HOA says my tree has to go. Who is responsible?
By Michael Schuck, ISA Certified Arborist WE-15750A · Last reviewed 2026-10-23
What is actually happening
HOA tree disputes come in three shapes. A common-area tree is damaging a unit, driveway or garage, and the owner wants the association to fix both the tree and the damage. The association says an owner's tree violates a height, view or species rule and must be cut or removed. Or a board has a contractor's bid to remove a large, often protected, tree and owners object. In all three the board is making decisions about trees without an arborist, and the owner is arguing without one.
What California law says
- Maintenance responsibility. Civil Code 4775: unless the declaration says otherwise, the association maintains the common area, including exclusive-use common area, and the owner maintains the separate interest. CC&Rs frequently shift exclusive-use area to the owner; read them.
- Duty of care. The association, like any landowner, must exercise reasonable care over common-area trees (Civil Code 1714). A hazardous tree the board knew or should have known about is the association's liability when it fails.
- Rule enforcement. The association may enforce the governing documents, after notice and a hearing before discipline (Civil Code 5855), and only rules adopted under the required procedure (Civil Code 4360). It cannot override city tree protection.
- Dispute resolution. Internal dispute resolution on request (Civil Code 5900 to 5920); ADR offer before most enforcement lawsuits (Civil Code 5925 to 5965).
- Board protection. Directors who act on reasonable inquiry and independent expert advice are protected by the business judgment rule (Corporations Code 7231). A contractor's bid is not independent expert advice.
What your city adds
City protected-tree ordinances apply inside HOAs exactly as outside them. A board cannot vote a protected tree out of existence; it needs the permit, and the permit usually needs an arborist report. Several cities also offer tree inventory and management-plan paths for associations that make permits easier over time. Rules by city → For a full inventory and management plan, see Urban Forestry Guide's HOA tree inventory.
What the report does for you
- Classifies the tree's location against the recorded map and CC&R definitions as far as physical evidence allows, and names where the documents, not the arborist, decide.
- Assesses condition and risk in plain professional terms, so the board or the owner has a credentialed answer rather than a bid.
- Traces any damage claimed to roots or limbs and states cause.
- Specifies the work, if any, that resolves the problem, and whether a city permit is required.
- Cites 4775, 1714, 5855 and the city ordinance, and is written to be read in IDR, mediation or a hearing.
Dispute Assessment Report, from $850, retained by the owner, the board, or jointly. Board meeting or hearing attendance $250 per hour. Pricing →
What to do this week
- Pull the CC&Rs and the recorded map and find the tree on it. That answers half the question.
- Put the issue in writing to the board (or to the owner), with photographs, and request IDR if it is a dispute.
- Get the independent read. Start a report or text (415) 881-0124.
Sources
- Davis-Stirling Common Interest Development Act: Civil Code § 4775, § 4360, § 5855, § 5900, § 5925.
- Civil Code § 1714; Corporations Code § 7231.
Questions people ask
Who maintains a tree in the common area?
The association, under Civil Code 4775, unless the CC&Rs say otherwise. That includes the duty to deal with a hazardous common-area tree it knows or should know about.
Who maintains a tree in my exclusive use area or on my lot?
Usually the owner, for a separate-interest lot, and usually the association for exclusive-use common area unless the CC&Rs shift it. Read the CC&Rs first; the default rules in 4775 only apply where the documents are silent.
Can the HOA make me remove my tree?
If the CC&Rs or rules regulate trees (height limits, view provisions, species lists), the association can enforce them through its disciplinary process after notice and a hearing (Civil Code 5855). It cannot order removal of a city-protected tree without a permit, and it cannot enforce a rule it never adopted properly.
The board got a bid from a tree company that says the tree is dangerous. Is that enough?
It is a bid, not an assessment. Boards that act on contractor opinions to remove protected or disputed trees expose the association. An independent report protects the board's decision under the business judgment rule.
Do we have to mediate first?
For most disputes between an owner and the association, yes. Civil Code 5925 to 5965 require an offer of internal dispute resolution and, before most lawsuits, alternative dispute resolution. The arborist report is the document both sides bring.
When you need a lawyer instead of (or as well as) an arborist
Call a California attorney first if a lawsuit has already been filed, if the damage is over the small claims limit and the other side will not negotiate, or if the dispute is really about where the property line is. We work alongside attorneys every week and the report is written to be used in that setting, but we do not give legal advice and we do not opine on property lines. How we work with attorneys →