Flints Grove HOA

Trees

Homeowner Trees

The rules for taking down homeowner hardwood trees are contained in Article VIII, Section 7 (i) of the Declaration: “no sound hardwood trees measuring in excess of six (6) inches in diameter two (2) feet above the ground shall be removed from any lot without written approval of the Association acting through the Architectural and Environmental Control Committee or duly appointed subcommittee.  The Architectural and Environmental Control Committee may from time to time adopt and promulgate such additional rules and regulations regarding the preservation of trees and other natural resources and wildlife as it may consider appropriate.”    

Before undertaking the removal of hardwood trees on their properties homeowners are required to follow these steps:

  1. Obtain a written opinion on the trees from a licensed arborist that notes the trees in question and the reasons for their removal. 
  2. Fill out an AECC request form and include the signature of adjacent neighbors.
  3. Submit the form to Vista Management Company (management@flintsgrovehoa.org) and the AECC (aecc@flintsgrovehoa.org)
  4. Obtain approval – during the approval process Vista and/or the AECC reserve the right to obtain a 3rd party opinion from an alternative arborist.
  5. Remove trees only upon receipt of AECC signed approval.

Written approval of the AECC is not required for the removal of softwood trees such as Pine. If in doubt, the AECC will gladly assist.

In the interests of safety, the HOA strongly recommends that homeowners use licensed professionals to conduct tree work.

Montgomery County Right-of-Way Trees

Certain maple trees that line Flints Grove Lane are Montgomery County trees. While physically residing squarely within a homeowner’s property such trees are on the County’s right-of-way. Therefore, Declaration Rules do not apply to such trees and homeowners are requested not to remove these trees, as they are the sole responsibility of Montgomery County.

Tree facts:

  1. The County maintains the right-of-way trees; homeowners do not need to prune the trees themselves or pay for their maintenance; call 311 or create a service request online: https://www3.montgomerycountymd.gov/311/Solutions.aspx?SolutionId=1-8RTIV4
  2. Many of the trees are sick, the county will evaluate the trees and remove them free of charge.
  3. The County will replace the trees free of charge with a species the county arborists select, based on local conditions; they intend to plant a variety of species to prevent future infestations. 
  4. The HOA cannot request trees on Homeowners behalf, each homeowner must contact the county tree program and make their request individually; we encourage homeowners to take advantage of the program to preserve the park-like nature of our neighborhood. 

Montgomery County Parks Trees

Flints Grove borders a lot of Montgomery County Parks land – especially around the perimeter of the community that adjoins the Muddy Branch forest.

Property ownership can be viewed on this website: https://gis.montgomerycountymd.gov/property/

If a County tree is causing concern, you can request the County Arborist to inspect, remove, or prune a county-maintained tree by submitting a request online via this link: https://www3.montgomerycountymd.gov/311/Solutions.aspx?SolutionId=1-8RTIV4

Please complete all the fields in the Contact Information section, provide the property address in the Service/Incident Address information section, and provide a brief description and specify the location of the tree in the Brief Description field.

Further Information from Montgomery County

Street Tree Program:  https://www.montgomerycountymd.gov/DOT-Highway/Tree/index.html

Free Shade Tree Program:  https://www.montgomerycountymd.gov/green/trees/tree-montgomery.html

Dead Tree Branches on Private Property:  https://www3.montgomerycountymd.gov/311/SolutionView.aspx?SolutionId=1-79IL

Tree Removal:  https://www.montgomerycountymd.gov/green/trees/permits-and-concerns.html

HOA Trees

A number of trees in the community are situated on HOA common areas.  

The HOA currently conducts an annual tree inspection each Fall, carried out in conjunction with Vista Management Company and a licensed Arborist. The main items under review are as follows:

  • The removal of dead trees/limbs that compromise the safety of HOA members walking along the common areas trail.  Once taken down such trees will be cut in several sections and left on site.
  • The pruning and maintenance of trees on communal areas within the neighborhood (e.g. around townhome parking spaces and on traffic circles). Note: It is unlikely that pruning will be conducted in the forested areas of the community.

Outside of the annual inspection, the HOA is responsible for attending to fallen trees that are on HOA communal grounds and are deemed to be causing a pronounced issue and/or danger.

The HOA is not responsible for:

  • Branches from HOA Trees leaning toward/overhanging homeowner’s properties. 
  • Trees or limbs that have fallen in a homeowner’s property, even if the tree came from a communal area. In Montgomery County, and all of Maryland, when a tree or its branches fall it is considered an “Act of God”. This means the portion of the tree and the damage from it that is on your property is your responsibility to clean up and repair. The portion of the tree and damage on neighboring properties is their responsibility. Such accidents are normally covered by the affected owner’s insurance, and are usually resolved by reporting a claim.

Homeowners are responsible for:

  • The removal of overhanging branches from HOA trees on their properties. 
  • Trees or limbs that have fallen in a homeowner’s property, even if the tree came from a communal area (see above).