Do I need HOA approval to remove a tree at my home? When you live in a neighborhood with a Homeowners Association (HOA), you agree to abide by the HOA’s rules and regulations. This is usually different from one HOA to the next as they are run by the residing community members. A common question is whether or not removing a tree from your yard requires HOA approval. Let’s talk about what you need to know.
Understanding HOA Rules About Trees
With most HOAs, you will have specific rules about trees and landscaping. Standard HOA rules should be outlined in a CC&R document (Covenants, Conditions, and Restrictions). This is fancy terminology for saying “the neighborhood rulebook”.
Before cutting down any tree in your yard, you should:
- Check your HOA documents
- Talk to your HOA board
- Get written approval if needed
- Follow Ohio laws regarding permits and certain tree protections
Why HOAs Care About Trees
HOAs care about trees for a number of different reasons. Many of these are common sense, like the belief that well-kept trees make a neighborhood look nice and organized. Trees also have environmental impacts, like shade for walkways, homes for animals, and cleaner air for everyone.
Some HOAs have been known to require a certain number of trees on your property. If this is outlined in your HOA documents, you may need to plant one tree in order to remove another.
How to Get HOA Approval in Ohio
If your HOA rules say you need approval to remove a tree, here’s what to do:
1. Find your HOA documents: Look for your copy of the CC&Rs or ask your HOA for one.
2. Write a request: Write a letter to your HOA board explaining the following:
- Which tree you want to remove
- Why you want to remove it
- Your plans for the space afterward
3.Wait for approval: Most HOAs meet once a month to discuss requests. You might need to wait a few weeks for an answer. If your HOA holds public meetings, you should attend and prepare to answer any of their questions.
4.Get it in writing: If your HOA says yes, make sure they give you written approval. Keep this paper in case questions come up later.
When You Might Not Need Approval
Sometimes, you might be able to remove a tree without HOA approval. Again, refer to your CC&R documents, as this may be outlined. If your tree becomes diseased or shows signs of weakness, you will likely be able to act quickly to resolve the issue and prevent any dangerous situations. Another scenario might be that the tree is causing provable damage to a home or utility lines above or below ground. Since the HOA is community-funded for the benefit of the neighborhood, they would be quick to take your side and prevent additional damage.
Even in these cases, you should tell your HOA what happened as soon as possible.
Ohio Laws About Tree Removal
Outside of HOA rules, there are Ohio-specific laws regarding tree removal. Some cities require permits based on the size of the tree, even though the tree may be entirely on your property. Some trees may be protected due to their age, location, or the environmental benefits they provide. The most common is that a tree sits on your property line shared by your neighbor, and you will need the approval of both parties before the tree can be removed.
What Happens If You Remove a Tree Without Approval?
If you cut down a tree without getting HOA approval when it’s required:
- Your HOA might fine you
- You might have to plant a new tree
- In serious cases, the HOA could take legal action
- You might have problems if you try to sell your house later
Before You Cut: Smart Steps to Take
Here are some smart steps to take before removing any tree:
- Take pictures of the tree and the area around it. Take note of any areas that will be improved from your tree removal, and take pictures of those as well. Think of areas that will gain light, ground where grass coverage will improve, walkways cleared, root systems near walkways or concrete, and windows that will gain a view.
- Talk to neighbors who might be affected by the tree removal. Ask if they would be willing to give their consent in writing. This will help make your case stronger if the HOA should want to push back.
- Get expert advice from a local tree removal or landscaping company about the health of the tree and removal options. Ask for as much detail as possible about removal strategies and neighborhood safety precautions that can be taken.
- Keep records of all communications with your HOA. If you are given permission or approval in person, ask for it in writing or an email. While we would like to assume things will go smoothly, it is best to have records to protect yourself in the event of a legal battle with the HOA.
Working With a Professional Landscaper
A good tree removal or landscaping company can help you make a judgment call on whether or not a tree is healthy or should be removed. Experienced companies have likely worked with other local HOAs and may guide you through the process, which will save you time and effort. Look for a company that carries enough insurance to fix any damage caused to property. Working with an expert that puts the safety of their workers, their client’s families, and properties first creates peace of mind for everyone, especially an HOA. If the company is a tree removal and landscaping service, you can work with them to make the best use of the space after the tree is gone.
Final Thoughts
While it might seem like a hassle to get HOA approval to remove a tree, these rules help keep your neighborhood beautiful and maintain property values. By following the proper steps, you can avoid problems and make sure your landscaping changes meet all the requirements.
Remember, each HOA is different, so always check your specific HOA rules. And when in doubt, it’s better to ask for permission than to face problems later.
For specific advice about your property, CLICK HERE to contact R.A. Grounds Management and get your free quote for your tree removal project.