QUESTION:
With the drought, we look
down at our proud brown grass and up at our trees which we hope to
preserve. Several owners have giant redwood trees in their back yards.
Should we address these tall trees which could fall onto our homes? Is
this a board issue or an insurance issue?
ANSWER: Don't wait for it to become an insurance issue. If trees
topple, you could have dead or injured homeowners as well as significant
property damage. Surviving family members will file costly lawsuits
that could easily exceed your insurance limits and result in hefty
special assessments.
Water Your Trees.
If trees are not watered, they will become stressed and subject to
insect attacks, disease and death. Despite Governor Brown's executive
order and subsequent legislation about not watering lawns, people should
water their trees. If mature trees die, they're extremely expensive to
replace (not to mention the small issue of death and destruction when
they fall).
Recommendation: Even though you can't fine owners "for reducing or eliminating the watering of vegetation or lawns" (
Civ. Code §4735(c)),
a lawyer-letter may be sufficient to get owners to water their trees.
If someone is too short-sighted to comply and his trees die, you can
force him to remove them--which is far more expensive than simply
watering them.
ASSISTANCE: Associations needing legal assistance can
contact us.
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