from a court requiring the tree’s removal, instead of the association entering onto an owner’s property and trimming or removing the tree. Any time a planned community is considering entering an owner’s property to abate a violation, they should confer with competent legal counsel before taking any action.


com rt to abat etent legal couns t


View Protections & Height Re ric ons Ultimately, if there is nothing in the gohe governing documents


ight Restrictiions ng documents


about view protections or height res association will not be ab e to


eight restrictions, the ions, the


dispute would be between owners, rather than an issuessue that in involve th association board. I


the best approacpproach to resolving th problem iis to encourage neighbors to ha


to encourage


conversation that will ho common ground Howev tree causing a co


ors to have a dir t will hopefullylly lea


a direcrect y lead the hem to to


d.. However, if the neighe neighbor wiit a concern refrn refuses to remo


es to remove or tr th the


and there is no view easview easement o appl able rules governing documents, thets, then you are lik enforce anything.


he trim the tree,


nt or applicable rules i in your u are likely unab e to


unablle to


Encourage neighbor to a direct conversation that will hopefully lead them to common ground.


Check Your City Ordinances


For Special Tree Guidelines One last place you can look for view protections is within your city ordinances. Some cities, like Seattle, have special guidelines and permits that restrict tree height, kind, and location. In May of 2023, Seattle City Council passed a new tree ordinance which was  Staying up to date on your city’s tree ordinances can prove useful when trying to get a neighbor to trim or remove their tree voluntarily.


When an association is created and a declarant is drafting the initial set of governing documents, it is important that height restrictions, and view protections are addressed. If the neighborhood being developed has a nice view of Mt. Rainer, for example, then the


rs to have


Adding a provision that gives owners notice that their trees may be topped, trimmed, or removed if they block another owner’s view, can help to avert disputes.


Actions in Relation to Trees


Have Potential for Legal Pitfalls Competent legal counsel should always be consulted before undergoing any action regarding trees because of the potential legal pitfalls and disputes that owners and community associations could face when it comes to addressing such issues.


wscai.org 25


he tree, ur


blle to i intervenevene. Thus, the etween owners,


hus, the ves the


board. In th s situat on to resolving thiis


thiis situatiion, he


If the neighborhood has a vi


Adding a proviisiion to the governing dning ocuments address ng tre


addressiing tree height vieiew


ructions. ht and mai


t and maintenance


be topped,, trimmed, or remo ed neighbor


majoj r dis utes


owners notice that their trees coud be re uire be topped trimme neighbor’s v


major disputes in the u


v ew of Mt. Rainer, then the declaran vie


nce,, that gives


rs notice that their trees coulld be required to or removed i if they obs


they obstruct a


w,, i is an easy tool that can help avo d he f future.


ol that can help avoiid e.


declarant should address view obstructions that are likely to arise.


eclara t should address likely view obstru Ad ng a pro s on to the go


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