Real Estate Law
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Hi and welcome to JA.I am Ray the expert that will be assisting you today.
California law does not force the HOA to maintain the trees and trim them over the neighbors property.
California uses the common law of property when it comes to neighboring trees. This means that you have a right to trim anything overhanging your property, but your neighbor is not liable for anything overhanging or falling onto your property. The only stipulation with your right to self help is that if you trim the trees you must do so in a non-negligent manner in a way that will not cause substantial or permanent harm to the tree. The responsibility for cleaning what falls from the tree is on the party whose land it falls upon.
So she can trim the trees back to her property line herself or have it done.Also she can keep harassing the HOA but legally in California I am afraid they are not liable to trim them as you can see above.
In California Shrubbery, foliage and branches that encroach onto the land of another are considered a nuisance under the law. The owner of the land encroached upon may abate the nuisance by trimming the overhanging foliage, branches and limbs provided the owner acts reasonably so as not to seriously injure or kill the tree causing the nuisance.
I wish I could tell you otherwise here but I know you want honest information.
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