Fox Hill Homeowners Association’s Common Area …

1 Fox Hill Homeowners Association s Common Area Tree Removal Policy and Rules Page 1 of 3 Fox Hill Homeowners Association s Common Area Tree Removal Policy and Rules WHEREAS, the Association is responsible for maintaining the Association s property ( Association Property ) and as a property owner, like all individual Members, has certain rights and obligations related to trees on its property including the obligation to act reasonably to prevent damage to property of others; and WHEREAS, the Fox Hill community was designed with the intention of having as natural and undisturbed a setting as possible and values the undisturbed greenbelt created by our Common area, including the privacy it provides to our residents, support of the forest ecosystem, adds to scenic beauty, and enhances property values. WHEREAS, this Policy is intended to describe how the Association will discharge its obligations related to trees, brush and shrubs growing on Association P roperty; and WHEREAS, the Association s funding is limited while the Association understands there are good causes for hazardous trees on Association Property to be cut down.

2 NOW THEREFORE THE ASSOCIATION ADOPTS THE FOLLOWING POLICY AND RULES: General Provisions. This policy does not apply to the removal of trees abutting Fox Ridge Lane SE, the emergency access to Joelle Lane SE, or within a designated storm water drainage basin or swale. It further does not apply to Knotweed, Scotch Broom, blackberry and English Ivy, and any plant listed as a noxious weed by Thurston County. It is difficult to distinguish between species of trees so each shall be considered and treated similarly. It is prohibited to remove or destroy any tree from Association Property by cutting, girdling, re-grading, interfering with its water supply, applying chemicals or distortion of its visual proportions by topping, etc., any tree for any reason, without the Association s prior written approval as set forth herein. The Association shall not be liable for damages if the Association was not given prior written notice of such risk and a reasonable time to remedy that risk.

3 Failure of the Association to strictly comply with these time frames and procedures shall not grant the applying Association Member the right to cut down a tree. These time frames and procedures represent what the Association believes to be adequate and reasonable time to inspect and address reported risks from trees on Association P roperty. Fox Hill Homeowners Association s Common Area Tree Removal Policy and Rules Page 2 of 3 Requests for Cutting Down a Tree. If an Association Member has concerns about the health or safety of a tree on Association Property, the Association Member shall complete the 'ACC Request Form' and submit it to the Board to request the removal of a tree. The request should (i) identify the tree, and (ii) describe in detail why the Association Member believes the tree is an imminent danger to passers-by or personal property. If there might be difficulty identifying the involved tree, the Association Member should also tie a ribbon on a limb or around the trunk of the tree or otherwise identify the tree in a manner that does not damage or alter it so that the Association may locate and inspect it.

4 Once a request is received by the Association: 1. The Association s designated representatives will make a site visit within ten (10) calendar days to assess the situation; 2. Photographic documentation shall be taken during the site visit; 3. When considering the need for cutting down a tree, the following assessment will be made: Is the tree dead, diseased and/or damaged? Does the tree pose an imminent danger to people or property? Is the tree causing harm to an Association Member s property? The Association shall make its determination within forty (40) calendar days of its inspection. The Association may, at its option, have a licensed/certified Forester conduct a formal inspection as to the condition of the tree. In order to ensure an unbiased and impartial perspective, the Forester shall not be a Member of the Association or affiliated with a Member of the Association. If other alterations of the tree instead of cutting it down may remedy the concerns, the Association will consider such other options.

5 If the Association concludes that the tree should be removed or altered, such work will be done as soon as practicable, but no later than sixty (60) calendar days from the Association notifying the requestor. The cutting down or altering of the tree shall be completed by an insured company contracted by the Association. Alternatively, with written consent of the Association, the Association Member has the option of cutting down or altering the tree as instructed by the Association, at such Association Member s own expense and risk and with the express understanding that such Association Member will indemnify, defend and hold harmless the Association from any damages or claims resulting from the same. Penalty for Violation. Any Fox Hill homeowner ( Association Member ) who violates this policy is subject to a penalty of $500 for each tree impacted. The penalty shall be in addition to rather than in lieu of any civil liability for trespass that may apply and shall paid to the Association within sixty (60) days of Fox Hill Homeowners Association s Common Area Tree Removal Policy and Rules Page 3 of 3 notice of the violation.

6 Failure to timely pay such fine and penalty will add another monthly fine and penalty of $100 per tree until such time as the fines and penalties are paid in full. Taxable costs, reasonable attorneys' fees, and all other costs and expenses incurred, should legal action be required to collect such fines and penalties, shall also be awarded to the prevailing party. The HOA Board has the right to enforce this policy on behalf of the Association and shall be entitled to be reimbursed its taxable costs, reasonable attorneys' fees, and all other costs and expenses incurred should the Association be the prevailing party in a legal action to collect such fines and penalties. Emergency Situation. This Emergency Situation Policy exists with the understanding that extreme weather and other conditions may arise in rare circumstances that require immediate action to deal with trees threatening imminent danger to passers-by or property.

7 One example is the leaner - a tree literally tilting over or about to fall on an Association Member s property. In such emergency situations, an Association Member may cut down or alter a tree on Association Property without following normal procedures outlined in this Policy after making reasonable efforts to: 1) notify the Board of the Association by phone and email; and 2) make reasonable, best efforts to preserve evidence and create a record that allows the Association s independent, non-Member tree expert to verify that the tree needed to be cut down due to the emergency circumstances. An Association Member shall report cutting down a tree or alterations made under emergency conditions in writing to the Association on the first business day following the emergency work. If the Association determines on the facts presented and known to it that the work performed was not necessary to address such an imminent danger, the fines and penalties against the Association Member as set forth above shall be imposed.

8 The failure to use reasonable, best efforts to preserve evidence and create a record that allows the Association s independent, non-Member, tree expert to verify the tree needed to be cut down or altered shall constitute adequate evidence for imposing the fines and penalties set forth above against the Association Member.