Can an HOA prevent tree removal on your property?

When it comes to living in a homeowner’s association (HOA), be aware of rules that may exist to guide homeowners to keep the neighborhood clean and uniform. Some of these rules may impact your ability to remove a tree that appears to be on your property. If a tree on your property needs removal, you should check with the HOA to see if there are any rules or guidelines in place that will affect your actions.

Understand the rules of your specific HOA

Each HOA has different rules and bylaws so know yours says when it comes to landscaping and tree removal on your property. It should clearly state what the homeowner’s responsibility is when it comes to tree care and maintenance, as well as what determines tree removal.

Determine ownership of the tree

If there’s a dispute as to who owns the tree needing to be removed, local laws, your deed, and community restrictions should be consulted. In Missouri, if the trunk of the tree is on property you own, you may have full rights to remove it.

However, some community associations and HOAs may limit your ownership to the structure itself and the grounds and landscaping are owned and managed by the organization. If you don’t actually own the tree or have rights to the tree, you may be limited in what you can do.

Your next steps in removing a tree

If a tree that you don’t own appears to create a high level of risk, you should notify the organization with ownership and responsibility for the tree. Ask them to have an ISA Certified Arborist assess the tree to determine options for treatment or removal.

Consulting with an ISA Certified Arborist at Hansen’s Tree Service will help diagnose tree problems and provide effective treatment strategies, including removal if needed.

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