May an HOA trim trees on a parcel within the HOA when its CC&Rs do not include a tree-cutting provision while other parcels do have a provision?

In re: Colyear v. Rolling Hills

Facts: A homeowners’ association (HOA) wants to trim trees on a parcel within the HOA to protect the view of other parcels. The covenants, conditions and restrictions (CC&Rs) on the parcel do not contain a tree-trimming provision for protecting the scenic views of other parcels in the HOA. Another parcel in the HOA with a tree-trimming provision in its CC&Rs lost its scenic view due to the growth of trees on the parcel without the tree-trimming CC&R provision. The differing CC&R provisions resulted from the addition of parcels to the HOA. The owner of the parcel with the trees blocking the view of other parcels seeks to prevent the HOA from cutting their trees.

Claim: The owner of the parcel without a tree-trimming provision in its CC&Rs claims their trees cannot be trimmed by the HOA since the CC&Rs on their parcel do not contain a tree-trimming provision.

Counterclaim: The HOA claims the parcel is subject to the tree-cutting covenant in other parcels’ CC&Rs since the tree-cutting covenant in the CC&Rs for the initial parcels in the HOA was intended to apply to all parcels within the HOA.

Holding: A California appeals court holds the trees on the parcel may not be trimmed by the HOA since the parcel is not subject to CC&Rs encumbering other parcels in the HOA and its CC&Rs do not contain a tree-trimming provision. [Colyear v. Rolling Hills (2024) 100 CA5th 110]

Colyear v. Rolling Hills