We have been asked if a Board can pass a rule requiring the owner closest to a dead Ash tree on the common property to remove the tree at the owner's expense. If this is a condominium, usually the Declaration will require the Board of a condominium association to maintain and repair the common elements, including the removal of trees that may cause damage to buildings if they fall over. For an HOA, the governing documents should be consulted for maintenance responsibility for the common element trees adjacent to the lots. Generally, however, under Ohio law, the same rule would apply to an HOA as applies to a condominium: the Board would be responsible for maintaining the common elements, including the trees. In all cases, the governing documents should be reviewed for maintenance responsibilities prior to the Board taking any action. However, if the general rule applies, it is not proper for the Board to shift maintenance responsibility for tree removal to the owners without an amendment to the governing documents. Thus, if the Board has failed to remove the dead Ash trees from the common element property, and a tree falls and damages a dwelling, then the Association may be liable for the damages to the unit or house.