HOA Tree Removal Rules in MA

Living in a homeowners association comes with rules for just about everything, and tree removal is no exception. If you are in an HOA or condominium association in Massachusetts, you cannot just call a tree company and have a tree taken down. There is a process, and ignoring it can lead to fines, legal disputes, and forced replanting at your expense.

I am Keith McDonald, owner of McDonald Tree Service in Billerica, MA. We have done tree work for dozens of HOAs and condo associations across Middlesex County since 1995. Here is what you need to know about HOA tree removal rules in Massachusetts.

Who Owns the Tree?

The first question is always ownership. In an HOA, there are generally three categories of trees:

• Common area trees: Trees on shared property, such as entrance landscaping, common green spaces, and road frontage. These belong to the association and are maintained with HOA funds. Individual homeowners have no authority to remove or even prune these trees.
• Limited common element trees: Trees on land that is technically common area but assigned for the exclusive use of a specific unit, such as a fenced patio area or a designated yard space. These are a gray area. The homeowner typically maintains them, but removal usually requires HOA approval.
• Private lot trees: In subdivisions with an HOA, trees on your deeded lot are your property. However, your HOA covenants, conditions, and restrictions (CC&Rs) may still restrict what you can do with them.

We see all three situations regularly in communities across Burlington, Woburn, Wilmington, and Chelmsford. The answer to who pays for the removal depends entirely on which category the tree falls into.

Common Deed Restrictions on Trees

Most HOA governing documents include specific provisions about trees and landscaping. Common restrictions include:

• No removal without written approval. Even on your own lot, the CC&Rs may require you to submit a request to the architectural review committee or the HOA board before removing any tree over a certain size, commonly 6 inches or more in trunk diameter.
• Replacement requirements. Some associations require you to plant a replacement tree of a specified species and minimum size if you remove an existing tree. This is common in newer developments in Westford and Acton where developers included landscaping preservation clauses.
• Species restrictions. Your HOA may have an approved list of tree species for planting and may prohibit certain species. This typically targets fast-growing but weak-wooded trees like silver maple and Bradford pear.
• Height and setback requirements. Some CC&Rs limit tree height or require trees to be a minimum distance from property lines and structures.
• Seasonal restrictions. A few associations restrict tree work to certain months, usually to avoid disturbing nesting birds or to minimize impact during summer when residents are using outdoor spaces.

The Approval Process

If your HOA requires approval for tree removal, here is the typical process:

1. Review your CC&Rs and bylaws. Find the section on landscaping, trees, or exterior modifications. Understand what requires approval and what does not.
2. Submit a written request. Most associations want a formal request that includes the reason for removal, the tree species and size, the location on the property, and any plans for replacement planting. Some boards want a professional assessment or estimate attached.
3. Attend the board meeting. Many HOA boards discuss tree removal requests at their regular monthly or quarterly meetings. Be prepared to explain why the tree needs to come down. Having a professional opinion from an arborist or tree service strengthens your case.
4. Get written approval. Do not proceed based on a verbal OK from a board member. Get the approval in writing, ideally as meeting minutes or a formal letter from the board. If there is a dispute later, you need documentation.
5. Hire a licensed and insured tree service. Most HOAs require proof of insurance from any contractor working on the property. We provide certificates of insurance to HOA management companies routinely.

When the HOA Must Remove a Tree

The association has a legal obligation to maintain common area trees and address hazardous conditions. If a common area tree is dead, diseased, or structurally compromised, the HOA board should authorize removal promptly. Delaying removal of a known hazard creates liability for the association.

Massachusetts case law has established that property owners, including HOAs, can be held liable for damage caused by trees they knew or should have known were hazardous. If a dead tree in the common area falls on a unit owner's car or house, and the board had been notified about the tree's condition but failed to act, the association is likely liable.

We maintain ongoing relationships with several HOAs in Burlington, Woburn, and Tewksbury, providing annual tree assessments and priority scheduling for hazard removals. If your association does not have a tree maintenance plan, it should.

What If the HOA Refuses Your Request?

Sometimes boards deny removal requests, and sometimes they are wrong to do so. If you believe a tree on your property or in the common area is hazardous and the board refuses to act, you have options:

• Get a professional assessment in writing. A written report from a certified arborist documenting the hazard carries significant weight. If the tree later causes damage and the board ignored a professional recommendation, the association faces serious liability.
• Request a formal hearing. Most HOA bylaws include a dispute resolution process. Use it.
• Contact your insurance company. Your homeowner's insurance carrier may get involved if a hazardous tree threatens your unit. Insurance companies have their own risk assessments and can apply pressure.
• Emergency exception. If a tree is an imminent hazard, such as actively splitting or leaning dangerously after a storm, most CC&Rs allow emergency action without prior board approval. Document everything with photos and video before and after the removal.

For more on identifying when a tree is genuinely hazardous, read our guide on when to remove a tree: 7 warning signs.

HOA Tree Removal Costs: Who Pays?

The cost question is the one that generates the most disputes:

• Common area trees: The association pays from HOA funds. This is almost always clear in the governing documents.
• Trees on your lot in an HOA subdivision: You pay, unless the tree is causing damage to common elements.
• Trees on the boundary: If a tree sits on the property line between your lot and common area, or between two units, the cost allocation depends on your specific CC&Rs and sometimes requires legal interpretation.
• Storm damage cleanup: Common area storm damage is an HOA expense. If a common area tree falls on your unit, the association's master insurance policy typically covers the damage to the structure, but your unit policy covers your personal property and interior.

Working With Your HOA

The smoothest path is to work within the system. Start by understanding your governing documents, submit proper requests with supporting documentation, and be patient with the process. Board members are volunteers who are trying to maintain property values for everyone in the community.

If you need a professional tree assessment to support your HOA request, or if your association needs a tree maintenance plan, call McDonald Tree Service at (978) 375-2272. We provide written assessments, detailed estimates, and certificates of insurance that satisfy HOA requirements. We serve communities across Billerica, Chelmsford, Lowell, Tewksbury, Wilmington, Burlington, Bedford, Woburn, Lexington, Winchester, Waltham, and surrounding towns.

For a broader look at tree removal permit requirements across our service area, see our Massachusetts Tree Removal Permits Guide.