Hoa Rules For Plants In Franklin
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If the tree is actively destroying your personal pipes (that is, the roots now extend into your maintained sewer), you have every right to request that the HOA remove the offending tree limbs and roots, rebuild the common areas as it would be a possible legal liability for them otherwise, or repair your destroyed sewer ...
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
As a rule, owners are responsible for injuries caused to others by their want of ordinary care or skill in managing their property. If the tree belongs to the association, the board is responsible for properly caring for the tree to prevent any foreseeable damage to the neighboring property.
If the trunk is on the property line, the tree belongs to both neighbors. Otherwise it's exclusively owned by one neighbor or the other, even though the roots or branches may extend across the property line.
Should your property suffer harm as a result of an encroaching tree, you may be entitled to compensation for costs for repairs and or clean up. Take note, a judge will want to see proof of damages in the form of receipts showing the amount spent and any written estimates for work that has not been performed.
If your tree is in close proximity to your home, you'll quickly find that your gutters and roof will be filled with debris. Not only are leaves, sticks and branches a pain to clean out, but they can also create problems during heavy rainfall or fire season.
In a homeowners association, landscaping is important in preserving property values. While an association's governing documents can go into more specifics, an HOA is generally responsible for the landscaping in common areas, while the homeowners are responsible for the landscaping in their individual properties.
Some HOAs may allow homeowners to dedicate only a small section of the front yard to flower or vegetable plants. Others, though, will want these plants neatly tucked away so that they can't be viewed from the street. As such, an HOA backyard garden is a more common sight in these communities.
