HOA and Trees: Many community associations have trees which are in their common areas. Associations are responsible for damage resulting from invasive tree roots. The roots can invade common area sewer lines, causing backups into homes. The invasive tree roots can also undermine foundations and patio slabs. In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. On a related note, any owner who decides to remove an association tree without permission is subject to treble damages under C.C.P. 733 and Civil Code 3346.

Joel M. Kriger, Esq.