Trees Planted Without Approval Removed

This case involved a dispute between two neighboring property owners (Owner 1 and Owner 2) in a subdivision that is a common interest community. The community is subject to CC&Rs that require owners to obtain approval from the homeowners association’s (Association) Architectural Review Committee (ARC) before proceeding with any landscaping or improvement on their property. Owner 1 planted 21 cypress trees without first obtaining approval from the ARC. Nine of the trees were planted in common area belonging to Association that abutted the rear lot line of the Owner 1 and Owner 2 properties. Owner 2 filed an action against Owner 1 which sought injunctive relief in the form of an order directing removal of all of the cypress trees. Owner 2 did not join Association in the lawsuit.

The Trial Court Ruling: The trial court ruled that the trees were planted without the required approval of the ARC thus in violation of the governing CC&Rs. Because Owner 1 had removed the trees that were planted on the Owner 1 property, the trial court enjoined Owner 1 from planting any other trees without ARC approval. The trial court did not extend any injunctive relief to the 9 cypress trees Owner 1 planted in common area because the court found that Owner 2 had not proved that Owner 1 had planted the 9 trees, and because Owner 2 had not joined Association in the lawsuit.

The Appellate Court Ruling: