Can Your HOA Cut Down Common Area Trees Without Telling You?

Bad HOAs have a bad habit of removing trees from the common areas without warning, without a vote, and without any plan to replace them. But unless the trees in question pose a risk to people’s health and safety, that kind of unilateral action is likely a violation of California law. 

In this 1-Minute Attorney Tip, HOA attorney Michael Kushner explains how boards are bound by the Davis-Stirling Act and the CC&Rs when it comes to common area landscaping. Mature trees that provide shade, privacy, or noise protection can’t just be cleared away (with no replacements planted) without obtaining the consent of the members.  

🎯 What You’ll Learn in This 1-Minute Tip:

✅ Why your HOA can’t remove common area trees without proper process.

✅ How unauthorized removal may violate both the CC&Rs and Davis-Stirling Act.

✅ What qualifies as a legal “emergency” justification and what doesn’t.

✅ How homeowners can challenge the decision and demand restoration. 

Mature trees are valuable assets and that provide a lot of value to HOA members, and HOA boards can’t unilaterally decide to destroy HOA assets without following the proper steps.  

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🎧 Listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts. 

🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation. 

Disclaimer:  

This content constitutes attorney advertising.  

The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  

This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  

About:  

Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. 

#HOATreeRemoval #CommonAreas #MichaelKushner #MBKChapman #BadHOA #DavisStirlingAct #CaliforniaHOALaw #LSCarlsonLaw #LukeCarlson 

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