Can the park manager force residents to pay for maintenance or removal of a tree on their space?
It depends on the facts of the case. The “tree and driveway” issue has been subject to major debate for years. The
park owner is responsible for maintenance or removal of a tree on the homeowner’s space only if it is a hazard or
constitutes a health and safety violation, as determined by the enforcement/inspection agency (usually HCD). (Civil
Code §798.37.5) Homeowners may have to pay a fee for an inspection where there is a dispute between the park
and the homeowner over the tree and where the homeowner requests an inspection by HCD or the local
enforcement agency. Inspectors have wide discretion in this regard, and if the inspector does not find a violation,
the homeowner may end up having to pay to remove the tree anyway.
Recap:
● If the signed lease or rental agreement makes the homeowner responsible, then the homeowner must pay.
● If there is no stipulation of responsibility in the lease agreement, then the park is only responsible if it is a health
and safety hazard.