Several homeowners have contacted the HOA over the last year or so about trees in the Common Area having branches and roots that have expanded into private homeowner lots.

 Some have demanded that the Association remedy these situations, and at least one warned that the HOA could wind up in litigation if it did nothing.

 In response to these complaints, the Board requested a legal opinion on this matter from counsel, which has now been provided.

 Counsel has advised that there is nothing in our Governing Documents requiring the Association to take action on Common Area trees with branches and roots that extend onto private homeowner property. 

 This legal opinion further advised the Board that “there is clearly established case law” favoring the Association regarding this issue.  Counsel noted that the adjacent property owner has “the right to trim overhanging branches up to their property line, as well as to trim or prune the roots up to the property line.”