HOAleader.com - Tip of the Week

HOAleader.com - Tip of the Week - November 26, 2021

Published: Fri, 11/26/21

HOAleader Video: Can a Condo/HOA Board Allow an Owner to Plant a Tree in Common Area?

HOAleader.com - Tip of the Week - November 26, 2021

This week's tip is another installment of HOAleader's quick tips on video. The topic for our experts this time is one based on a question from an HOAleader.com reader asking about who maintains a tree planted by an owner on common area, including when that owner sells.

Specifically, our reader asks: If the board approves a request from a unit owner to plant a tree on common ground near their unit, is the owner forever responsible for the maintenance and insect control for the tree? What about new owners if the unit sells?

But we're backing up a bit: Can an association grant this request? And who makes that decision—the board or owners?

Just click on the arrow below to hear a short clip in which two of HOAleader.com's experts—David C. Swedelson, the principal at Swedelson & Gottlieb, a law firm that represents associations in the Los Angeles area, and Elizabeth White, counsel at the law firm of Sands Anderson PC in Williamsburg, Va., where she leads the firm's national community association industry team—discuss whether an association can approve such a grant and whether that takes owners to give it the OK or whether the board can make the decision without owners' go-ahead.

HOAleader video tip of the week thumbnail

Want more? Be sure to check out the extended video article with these two pros where they discuss the pros and cons of this type of grant, when it might be wise or unwise, and how you can make any responsibilities binding on future owners.

Click here to view the full video interview.

Best regards,
Matt Humphrey
President

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