Legal Question in Real Estate Law in California

There is 20+ foot palm tree within my front patio fence and my HOA says that I have to pay to have the tree trimmed or cut down. I have been in this condo since Dec 2008 and that tree has obivously been there for a very long time. Why I should have to pay for additional tree trimming for a tree that was probably fenced in from construction?


Asked on 9/03/11, 9:06 am

2 Answers from Attorneys

A better question is why you would have any responsibility for landscaping in a condo? Do you really have a condo, or do you have a town-house. The key difference here (although they are many) is that in a condo you only own space. With a town home you own the land.

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Answered on 9/03/11, 2:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. McCormick (rightly) wonders whether the tree is on your land. Maybe it isn't. If it is, you own it and therefore own the responsibility for any problems it causes, without regard to whether you planted it or merely bought it along with the rest of the property.

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Answered on 9/12/11, 12:43 pm


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