Tree Restrictions & rules
By Gregory Coxey, Esq. of Vial Fotheringham, LLP
I
n Washington community associations, many governing documents require property owners
to trim and maintain trees located on their property. In addition, owners commonly have a right to trim a neighbor’s tree, when the tree is hanging over onto their property. However, disputes may still arise where trees located fully on a neighboring property are obstructing another owner’s view. In this situation, there may still be a remedy to have the trees trimmed or removed depending on the language in the association’s governing documents.
If the community association’s governing documents have provisions that grant owners a view easement and restrict the height of trees in the association, then an owner may be able to require the board of directors to intervene and demand that a neighboring owner trim, top off, or remove their tree or trees to comply with the governing documents.
24 Community Associations Journal | March 2024
In Not Enough Trees, LLC v. Davis, the president of a condominium association removed a tree that was outside of the condominium building, without the permission of the association member who had planted the trees. Plum trees planted by the member had grown through the trellis attached to the building, outgrowing their pots, and were blocking the upstairs neighbors' view from their window. Since the condominium covenants and bylaws granted the president the authority to remove the tree, the court granted summary judgment in favor of the president.
In some situations, it is better to get an order from a court requiring the tree’s removal.
Just Because You Can,
Doesn't Mean You Should However, just because a “self-help” right is granted in the governing documents, does not necessarily mean it should be exercised. In some situations, it is better to get an order
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