Common Area Tree Guidelines

The Board of the Reserve at Chadds Ford Community Association (“HOA”) created the following policy to guide handling of trees on the common area that appear to pose a risk of falling due to significant disease, damage, etc.

Background

This policy was developed with consideration for:

• The Legal Liability that could be imposed upon the HOA arising from failing to react within a reasonable period from being made aware of a hazardous situation; and


• Doing the “right thing” as a neighbor. (i.e., if a tree from your neighbor’s property falls onto your property, you might expect they would have it removed at their expense. Similarly, if a diseased or damaged tree appears to pose a risk to property or people on a homeowner’s lot, we believe it is appropriate for the property owner (i.e. HOA) to bear the cost of reducing or removing such risk.)

Policy Outline

This policy was developed with consideration for:

• With over 50 acres of common area bordering most homeowner’s properties, tree branches and small trees may fall from the common area onto residents’ property. In these instances, the homeowner is responsible for removing the material. However, upon notification by a homeowner to the board that a common area branch or tree has fallen onto the residents property that may require professional help/equipment to remove, the board will seek proposal(s) to have the tree/branch material cut and hauled onto the common area at the HOA’s expense where it can be expected to decay over time. If a homeowner wishes to have it hauled away, the homeowner will be responsible for the difference in cost.


• Occasionally, a significantly diseased or damaged tree may be observed by a homeowner that appears to pose a hazard to the homeowner’s property. Upon notification by a homeowner to the board, the board will seek the professional opinion of multiple arborists/tree service vendors to gauge the proposed risk. If consensus suggests that the tree, located on HOA property, presents a hazardous condition, the board will seek proposal(s) to have the tree/branch material cut and dropped/hauled onto the common area where it can be expected to decay over time. If a homeowner wishes to have it hauled away, the homeowner will be responsible for the incremental difference in cost.