What HOA tree rules should you check before removing a tree?

This guide is general information, not legal advice. Associations differ, and your own documents decide. If the language is unclear, your association or an attorney is the right contact.

Where do HOA tree rules live?

HOA tree rules are usually in the covenants, conditions and restrictions (CC&Rs), the architectural or landscape guidelines and sometimes the design review forms. Look for terms such as tree removal, landscaping, exterior modification or approved plant list. Some associations require approval to remove any tree, others only trees over a certain size or in a front yard.

Questions to ask the association

• Do I need approval to remove, prune or replace a tree on my lot?
• Is the tree on my lot or on common property or a shared slope?
• Is there a form, a fee or a review committee, and how long does a decision take?
• Must I replace the tree, and are there approved species?
• Do you have rules about contractors, insurance certificates or work hours?

HOA approval and permits are separate

Approval from the association does not mean a government agency has approved the work, and the reverse is also true. In the Nevada Tahoe Basin, the Tahoe Regional Planning Agency requires a permit to remove live trees over 14 inches DBH. See the Tahoe guide. In the City of Reno, the City has told residents that no permit is needed to remove, prune or plant a tree on private property, but a Tree Work Permit is required for City right-of-way, and Reno has tree protection rules for development sites. The Truckee Meadows Water Authority summary of local tree ordinances notes that Sparks eliminated its urban forestry program in 2008 and that Reno has a tree protection ordinance for development in Chapter 18.12, Article V of its code.

See Northern Nevada tree removal permits for the full list of agencies.

Who is responsible for approvals on an HOA tree?

For a tree on your own lot, the owner is generally responsible for approvals. For a tree on common property, the association generally manages the work, so ask the board or the management company. See HOAs and property managers. The ISA suggests getting the agreement for any tree work in writing and reading it carefully, and Battle Born provides a free estimate before work starts.

Making your request go smoothly

Give the association photos, the tree's location on your lot, the reason for the work and our estimate. If the reason is safety, include what an arborist found. A certified arborist assesses every Battle Born job. Battle Born Tree Service has two ISA Certified Arborists on staff, including ISA Certified Arborist WE-11728A. We do not prepare HOA applications or issue permits, but we can answer questions about the work itself so your application is clear.

If the association says no

Ask for the reason in writing and ask what alternative the association would accept, such as pruning, cabling or a smaller removal. See tree trimming and pruning and cabling and bracing. The decision is the association's, or an attorney's if there is a dispute.