Reader Questions - Employee Policies, Trees

Dear Kelly,

I live in gated country club community. Do I have the right to read the employee guidebook?

K.B., Palm Desert

Dear K.B.,

The Davis-Stirling Act lists a number of important documents which you have the right to review. That list is found currently at Civil Code 1365.2(a), but starting in 2014 will be at Section 5200. However, the list does not include employee policy manuals. Presumably, a manager supervises your association employees. Your general manager and your board would be hampered if individual members intervened in employee issues, and such intervention could also even lead to association liability. I am assuming you have concerns about how employees are managed – if the subject is not confidential, express such concerns in the open forum of a board meeting. However, if the issue concerns a specific employee, talk privately to the general manager or a director. Be aware however that the director or manager should not be giving you information, since employees have rights to some privacy protection.

Thanks for your question,
Kelly

Dear Mr. Richardson,

My HOA has a rule in the CC&Rs that require homeowners to trim trees no higher than their roofline. When I pointed out to some HOA board members that trees in common areas are much higher than two story houses, their response was that the tree trimming requirement does not apply to the common area trees. Nowhere in the CC&Rs are common area trees excluded. Should the HOA be applying the same criteria to common area trees?

M.M., Newport Beach

Dear M.M.,

Your association common area maintenance would normally be expected to follow the same standards that the HOA insists members follow. I can’t comment on your CC&Rs, not having seen them, but it would seem obvious that if your HOA protects members from harming each other’s views, why would the board be allowed to let common area trees obstruct views? Boards have wide discretion in the maintenance of common areas, but they cannot ignore the governing documents while doing so. However, even aside from the legal argument, it seems obvious that common area trees also should not block views and the board could improve its service.

Hoping your view improves,
Kelly

Dear Mr. Richardson,

My condominium overlooks one house to a view of white water, ocean and the horizon. The house owner has allowed trees to grow so that they now block that view. Do I have a legal or any other recourse to have them cut back?

K.A., Redondo Beach

Dear K.A.,

I am assuming from your question that the house in question is outside your HOA, and therefore not subject to any view protection requirements in your CC&Rs. I am also assuming you have talked to your neighbor, and the neighbor will not cooperate. Do not try to cut the trees without the permission of your neighbor, as that could leave you liable for civil and criminal trespass problems. It appears that Redondo Beach does not have a view protection ordinance, although neighboring Torrance reportedly does, and Manhattan Beach has a tree ordinance. You may want to consult a real estate lawyer to determine if you have any rights to demand the tree be trimmed. If the issue affects many units in your HOA, the board may want to look into this issue.

Best regards,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.