Association Answers: Tree Branch Issues with Neighbors and Auditor Requests

In Association Answers, KSN attorney Matthew Moodhe addresses frequently asked questions from community association board members and property managers. If you have legal concerns, please contact Matt or any of the attorneys at our law firm by calling 855-537-0500 or visiting www.ksnlaw.com/contact.

Q: Can an association trim tree branches from a neighboring property that hang over into the community?

Tree and landscaping issues between neighboring properties are a common concern in community associations, particularly where property lines and common areas are in close proximity. In general, if branches or vegetation from a neighboring property encroach onto community property and create a nuisance or safety concern, the association may have certain rights to address the issue. However, those rights can vary based on state law and local ordinances so it’s important for boards and management to consult with the association’s attorney before taking action.

As a best practice, the association should first provide written notice to the neighboring property owner, requesting that the encroaching branches or vegetation be trimmed within a reasonable timeframe. This helps document the issue and gives the neighboring owner an opportunity to resolve it. If the owner does not respond or refuses to act, the association may have the ability to perform limited trimming up to the property line or pursue legal action to require compliance.

Boards should also consider potential risks and coordination issues before taking action, including property damage, liability, and insurance implications. For example, if damage occurs from falling branches, the association may need to evaluate whether to involve its insurance carrier. Working with the association’s attorney helps ensure the board minimizes risk and takes a legal approach when these issues arise.

Q: Why does the auditor request information from the association’s attorney during a financial review?

Community associations can undergo financial audits typically performed by an independent CPA or accounting firm with the goal of reviewing the association’s books, records, and financial condition. These audits can be required by the governing documents, state law, or as a best practice for financial transparency. As part of that process, auditors are responsible for evaluating not only the association’s financial records, but also any legal matters that could impact those finances.

It’s common for auditors to request information directly from the association’s attorney to better understand any legal issues affecting the association. This request typically includes information about pending or threatened litigation, disputes, unpaid assessments, or other claims.

Auditors are looking to assess potential financial exposure, including the likelihood of unfavorable outcomes and any estimated costs or damages. They may also inquire about matters being handled through insurance carriers as well as any outstanding legal fees owed by the association.

As a best practice, boards should coordinate closely with both their accountant and legal counsel during the audit process. The attorney’s response is usually limited to a specific timeframe (ex. prior fiscal year) and helps ensure the audit accurately reflects the association’s financial and legal position. Because these disclosures can have significant financial and reporting implications, working with experienced legal counsel helps ensure the information provided is accurate, appropriate, and properly documented.

Legal Resource

Do not hesitate to contact our law firm if your condominium, homeowner (HOA), or townhome community association has questions regarding board member responsibilities, owner disputes, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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