Home & Landscape From Your Homeowner Liaison

By Kathy Diab SRCA Homeowner Liaison

Good Neighbor Policy

As Homeowner Liaison for Scottsdale Ranch, I receive a variety of calls from residents each day. A common call I get is from frustrated residents who have a neighbor whose trees are encroaching onto their property or trees damaging the shared wall.

Typically, the owner of the overgrown trees is unaware of the situation they are causing for their neighbor. Most of the time they are not aware of the added debris and fruit that is falling in their neighbor’s pool and yard.

Our office is always available to reach out to residents who are having these types of issues with a neighboring property. Before we get involved, we do appreciate residents who try to speak to their neighbors about any issues. But we understand not everyone feels comfortable doing that or many times the home is vacant and there is literally nobody to speak to.

We would like to ask everyone who shares a wall with a neighbor to practice the “Good Neighbor policy”. If your landscape is overgrown on your side of the wall imagine what it looks like from your neighbor’s view. I have had owners tell me “If the neighbor doesn’t like it, they can cut it.” Technically, this is true, per the law, you are allowed to trim any plant material that is hanging on your property. But why should the neighbor bear the expense of another neighbor’s neglect.

SRCA Architectural CC&Rs, Landscaping Rules, page 53;

• All trees planted in front, rear, or side yards must be planted at least 15 feet from any property line, party wall, or lake edge to avoid canopy and/or root encroachment onto neighboring properties. Using information published by the University of Arizona Cooperative Extension related to specific plants, this 15-foot minimum setback may be reduced to 10 feet, at the discretion of SRCA staff.

In the event you have mature trees that were planted too close to the shared wall and are causing damage to the wall, you may be responsible for that damage. SRCA CC&Rs, Article IV, Section II p Page 17;

The use of SRCA facilities and amenities are voluntary and at your own risk. The Association is not the guarantor of your personal safety if renting the community center, recreational boat rentals, or attending any groups, clubs or SRCA events.

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(ii) In the event that any Party Wall or Party Fence is damaged or destroyed through the act of an Owner or any of his tenants, Lessees, agents, guests, or members of his family (whether or not such act is negligent or otherwise culpable), it shall be the obligation of such Owner to rebuild and repair the Party Wall or Party Fence without cost to the Owner of the adjoining Lot or Parcel. Any dispute over an Owner’s liability for such damage shall be resolved as provided in subsection (v) below, but any liability imposed on an Owner hereunder shall not prevent the Owner from seeking indemnity therefore from the persons causing such damage.

It is important that all property owners monitor their vegetation and shared walls. It is less costly to trim often. It is prudent to have trees trimmed once every one to two years than have a big trimming every five years.