|
HCD DIRECTOR ADDRESSES ISSUE OF PALM
TREES
While the passage of new Civil Code §
798.37.5 has done much to clarify the park owner's responsibility to maintain
trees, some questions still remain. Among them is the issue of palm tree
maintenance. Who is responsible to pay the high cost of trimming these trees,
which sometimes can be nearly 100 feet tall?
CMRAA has asked, since last year, that
the Department of Housing and Community Development (HCD) adopt a uniform policy
that park owners are responsible for all palm tree maintenance. If a large palm
tree needs to be trimmed, it should automatically be a park responsibility, and
CMRAA has asked Senator Joe Dunn to request that HCD to adopt such a policy.
On February 15, 2002, HCD Director
Julie Bomstein issued a letter responding to Senator Dunn's request. At this
time, HCD has not confirmed the uniform palm tree policy which we would prefer.
But the Director's letter does confirm that most palm tree maintenance is the
park owner's responsibility. These are her exact words:
"Tree
experts universally recommend individual inspection and diagnosis as the
definitive and impartial method of determining tree health. Yellow, dry, sagging
dead fronds, however are generally easy to diagnosis by the layman. However,
that is not the only issue here, because the location of the tree also is an
issue. California Civil Code Section 798.37.5 requires that mobilehome park
management trim any tree, including a palm tree, if it poses a specific hazard.
Dead fronds must be removed by the park in the areas where they may cause damage
to property or humans, similar to any dangerous dead tree limb.
If a
mobilehome park resident has provided written notice to the park management of
the need to remove dead fronds from a palm tree, and that the dead fronds create
an imminent danger to property or humans, then the park should remove them. If
the park refuses to honor that request, our Department, upon receipt of a
written complaint, will investigate, verify the condition, and order the
removal. As in any complaint situation, and in accordance with the Civil Code,
the resident should first make an effort to communicate the need with the park
management."
If you have palm trees in your park,
cut out these comments and remember them! If your park gives you a notice to
trim palm trees, demand that they pay the cost. and show them these
comments. If the park owner refuses, you should immediately demand an
inspection by HCD.
Don't be fooled! Stand up for your
rights! Park owners should pay the cost for what is rightly their
responsibility.
|
Tropics
Mobile Home Park