MAJOR LANDSCAPE SLOPE RENOVATION
Recent Ridge News
To: All Bear Brand Ridge (Cost Center) Owners
RE: Request for Common Area Trees to be Removed/Shortened for View Purposes
The Board has received a number of requests from homeowners regarding trees and their effect on scenic views. The Association takes very seriously its maintenance and landscaping responsibilities for trees located within Association maintained areas. Pursuant to the Association’s Master Declaration of Covenants, Conditions, Restrictions and Reservation of Easements (“CC&Rs”), any view restrictions located within the CC&Rs do not apply to property maintained by the Association. As such, the Board has full discretion, but no duty, to modify or remove trees that are located on Association maintained property in response to request from homeowners.
In its discretion, the Board may cause trees to be modified; however, the Board takes into consideration various factors, the most important of which is the Board’s adherence to the Association’s governing documents and the healthy maintenance of trees under the Association’s care and responsibility. The governing documents impose no duty on the Association to maintain trees and/or other vegetation located on Association maintained property so as to avoid any view blockages. Further, the Board must consider, when maintaining trees, the aesthetic features and value. In addition to balancing the strict adherence of the governing documents with the needs of the Arboriculture (“ISA”) to ensure the healthy treatment and development of the Association’s preservation of the health of the trees has benefitted the entire community as a whole. The ISA does not recommend “tree topping.” The Board, on behalf of the Association, will not “top” or remove a tree in order to provide a better ocean view, or otherwise.
The Board engages in annual tree trimming of all Association trees. Not all trees are trimmed each year, but they are reviewed each year by a Licensed Arborist at O’Connell Landscape. Safety is the first priority for the Board and any tree that is deemed to be a danger is removed.
Although views within the Association are an important aspect of our community, the Board’s decision was made in the best interest of the Association and took into consideration all of the factors referenced above, at all times consistent with the Association’s governing documents and ISA standards.
We thank you for your understanding in this matter.
Board of Directors
BEAR BRAND AT LAGUNA NIGUEL COMMUNITY ASSOCIATION
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