Q&A: If a homeowner continues to trim trees and shrubs on a common area slope to preserve his/her view, after being asked to stop, what is the HOA’s recourse?

Home Q&A: If a homeowner continues to trim trees and shrubs on a common area slope to preserve his/her view, after being asked to stop, what is the HOA’s recourse?
Q. If a homeowner continues to trim trees and shrubs on a common area slope to preserve his/her view, after being asked to stop, what is the HOA’s recourse?
A.  A homeowner should not be altering common area without authorization.  One option is to speak to your current legal counsel regarding sending a cease and desist letter. The homeowner can be responsible for damages to landscaping and the law allows for treble damages for damaged trees. Civil Code section 3346 provides for doubling the damages incurred for harm caused to timber, trees, and underwood, and trebling it if the harm is intentional. Code of Civil Procedure section 733 also allows trebling the damages for harm to trees.    — Rhonda R. Goldblatt, Esq.