HOA Tree Service | Responsibility, Rights & Florida Law

Who pays for tree removal in an HOA? Florida statutes, CC&R rules, liability for damage, and how to choose a commercial tree service for your community.

Tree problems in HOA communities create headaches that go far beyond the tree itself. Who is responsible — the homeowner or the HOA? What does Florida law say? What if an HOA tree damages your fence, or your tree drops a branch on common area property? These disputes escalate quickly when thousands of dollars in tree service and property damage are at stake.

At Florida’s Tree Masters, we work with HOA communities across Volusia, Flagler, and St. Johns counties. We understand the unique challenges — approved vendor lists, board approvals, bulk scheduling, and the need for clear documentation. This guide covers Florida HOA tree law, responsibility, and how a commercial tree service partner can save your community time and money.

Who Is Responsible for Trees in an HOA Community?

The answer depends on where the tree is located and what your community’s governing documents say. Here is the general breakdown:

Florida Statutes on HOA Tree Responsibility

Florida law provides a framework, but HOA governing documents fill in the details. Here are the key statutes that apply:

Florida Statute 720 — Homeowners’ Associations

Chapter 720 governs HOAs in Florida. Key provisions related to trees include:

• The HOA is responsible for maintaining common areas, which includes trees, landscaping, and related infrastructure
• The HOA has the authority to adopt rules regarding tree maintenance, removal, and replacement on individual lots
• Homeowners must comply with the community’s architectural guidelines, which often include tree planting, removal, and trimming standards
• The HOA can impose fines for non-compliance, including failure to maintain trees on your lot

Florida Statute 163.045 — Right to Remove Dangerous Trees

This relatively recent statute (effective July 2019) gives property owners the right to remove or trim trees that a certified arborist has determined to present a danger to persons or property — even if a local ordinance or HOA rule would otherwise prohibit removal. The key requirements are:

• A certified arborist or licensed landscape architect must document the danger in writing
• The documentation must specify what makes the tree dangerous
• The property owner does not need a municipal permit to remove the tree if it meets this standard

This statute is particularly important for HOA residents whose board refuses to approve removal of a tree that an arborist has deemed hazardous. The statute effectively overrides the HOA’s authority in cases where safety is at stake.

Negligence and Liability (Common Law)

Under Florida common law, the party responsible for a tree (HOA or homeowner) can be held liable for damage if they knew or should have known the tree was dangerous and failed to act. This includes:

• Dead trees that fall on neighboring property
• Overgrown branches that damage roofs, fences, or vehicles
• Root damage to sidewalks, driveways, foundations, and plumbing
• Trees that obstruct visibility at intersections or roadways within the community

When the HOA Pays vs. When the Homeowner Pays

Here are the most common scenarios and who typically foots the bill:

Dispute Resolution

Tree disputes between homeowners and HOAs are among the most common (and most contentious) community conflicts. If you are in a dispute, here is the process:

Commercial Tree Service for HOA Communities

HOA communities have different needs than individual homeowners. Here is what to look for in a tree service partner:

• Bulk pricing: Trimming 50 or 100 trees at once is significantly cheaper per tree than individual service calls. A good tree service will offer volume discounts for community-wide work
• Preventive maintenance programs: Annual or semi-annual inspection and trimming contracts keep trees healthy, reduce liability, and prevent expensive emergency calls
• Storm preparation: Pre-hurricane crown thinning and hazard tree removal across the community reduces storm damage community-wide
• Documentation and reporting: Professional reports on tree health, work performed, and recommendations for the board’s records
• Insurance compliance: Commercial tree services carry higher liability limits and workers’ compensation coverage, which HOAs should require
• Scheduling flexibility: Work can be scheduled around community events, pool hours, and resident preferences

Approved Vendor Requirements

Most HOAs maintain an approved vendor list. Here is what boards should verify before adding a tree service to the list:

• Active Florida business license — verify at SunBiz.org
• General liability insurance: Minimum $1,000,000 per occurrence (many HOAs require $2,000,000)
• Workers’ compensation insurance: Required by Florida law for companies with employees in the tree service industry
• ISA Certified Arborist on staff — ensures proper pruning standards and tree health assessments
• Named as additional insured: The HOA should be listed as an additional insured on the tree service’s liability policy
• References from other HOA communities — ask for at least three

Frequently Asked Questions

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Serving HOA Communities Across Central Florida