Tree planning.

[annguyen]

Jurisdiction

California

Hello, my name is An Nguyen.
I live in california, my property is a single family home, and it runs by HOA. Every property has a tree planted in front of the property and it's belong to the HOA. The tree in front of my property was dead. HOA took it down and never replace with another tree. When I asked 3 years later. Why hasn't been replaced. HOA said they would, if I sign a waiver and said, if they plan a new tree, later on if the roots of the tree causes any damage to the property, they will not be responsible for it. My question is if I don't sign the waiver, they wouldn't replaced any tree there. The thing is, every house has the same tree in front of their property except for mine. Do I have to sing that waiver to have the tree planted?

 

[army judge]

Do I have to sing that waiver to have the tree planted?

You're being allowed NOT to be FORCED into having a tree planted.

If you agree, can you GUESS who will be paying for the tree (which will likely ROT or WASTE AWAY again)?

Hint: Look in any mirror, that poor guy is gonna be forced to give someone $500, maybe $750 of real money, just to have some rip off artist steal your money.

I can't tell YOU what to do.

However, if I had to agree to such silliness, I'd politely say, "Gee, but no thanks, I can live and prosper without a lousy tree."

However, if I foolishly SQUANDER my hard earned money, my family and I would suffer, perhaps perish!!!

Choose wisely, slowly, after great deliberation and thought, never choose in haste.

 

[Tax Counsel]

Do I have to sing that waiver to have the tree planted?

Just because everyone else has a tree doesn't mean you are entitled to a new one when the one you had died. Read the HOA documents to see exactly what the HOA is required to provide for you. If those documents don't say you are entitled to tree replacement then it's up to the HOA board whether to provide a new one and on what terms. In other words, unless those documents guarantee you a tree, the HOA may refuse to provide one. In that situation, you are stuck with a choice: sign the waiver and get the tree, or pass on getting the tree.

 

[welkin]

Or have the same species of tree planted yourself by a landscaper. You won't have to sign any waiver but you will have to pay.

 

[adjusterjack]

Or have the same species of tree planted yourself by a landscaper. You won't have to sign any waiver but you will have to pay.

Would have to determine if the tree was within his property lines or part of common areas owned by the HOA.

 

[zddoodah]

When I asked 3 years later. Why hasn't been replaced. HOA said they would, if I sign a waiver and said, if they plan a new tree, later on if the roots of the tree causes any damage to the property, they will not be responsible for it.

Is that different than what the HOA rules said about the original tree?

My question is if I don't sign the waiver, they wouldn't replaced any tree there.

That's not a question.

Do I have to sing that waiver to have the tree planted?

I think you answered your own question.

Beyond that, no one here has knowledge of your HOA governing documents. According to a google search, there are over 50,000 HOAs in California. They're not all the same.

 

[welkin]

Would have to determine if the tree was within his property lines or part of common areas owned by the HOA.

Every property has a tree planted in front of the property and it's belong to the HOA. The tree in front of my property was dead. HOA took it down and never replace with another tree. When I asked 3 years later. Why hasn't been replaced. HOA said they would, if I sign a waiver and said, if they plan a new tree, later on if the roots of the tree causes any damage to the property, they will not be responsible for it.

OP has already told us that the tree is on common HOA property. So, my question to the HOA would be, "Are you responsible for damage caused by all of the other trees you own"? And do you have signed waivers from all the other property owners?

If the CC&R's don't address the question directly about replacing the tree, I would offer to replace it and turn it over the HOM without signing any waiver.