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Landscaping and tree disputes are among the most common and most contentious issues in California HOA communities. Who is responsible for a tree that straddles the common area boundary? Who pays when a common area tree drops a limb on a member’s car? What are a member’s rights when the association wants to remove a tree the member values? Davis-Stirling and California property law provide a framework — but it requires knowing where to look.
Common Area vs. Separate Interest Landscaping
The starting point is determining whether disputed landscaping is common area (the association’s responsibility) or separate interest (the member’s responsibility). The CC&Rs define these boundaries, and they’re not always intuitive. Some associations are responsible for all landscaping including within individual lot boundaries; others assign individual homeowners responsibility for everything up to the home’s exterior walls. The specific language in your CC&Rs determines who maintains what — and who pays when something goes wrong.
Tree Liability Under California Law
California has specific rules about tree liability that apply in HOA communities. A property owner (including an HOA for its common area trees) can be liable for damage caused by a tree on their property if they knew or should have known about a hazardous condition and failed to address it. An HOA that receives notice of a dangerous tree condition and fails to act is potentially liable for resulting damage. If you believe a common area tree presents a hazard, notify the HOA board in writing — this creates both a record of notice and the association’s legal obligation to inspect and address the condition.
Solar Shade Conflicts
California’s Solar Rights Act also has provisions addressing tree shading of solar panels. Under California Civil Code Section 714.1, certain trees that substantially shade solar collectors can be required to be trimmed or removed, even if the tree is on a neighbor’s property or in the HOA’s common area. This is an increasingly common conflict in California communities as solar installation rates rise — and one where the law’s specific requirements (the solar collector must have been installed first, the shading must substantially reduce output, and reasonable alternatives must be considered) determine the outcome.
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