Effective: January 27, 2026
General Policy Questions
Q: Why did the policy change to include indigenous trees on private property?
A: Indigenous trees on private property, particularly mesquites, are being irrigated through homeowner watering systems in addition to natural rainfall, causing rapid growth well beyond their natural 10-15 foot desert height. With adequate water, mesquites can grow 30-50 feet tall. Additionally, cross-pollination between native velvet mesquites and non-native Chilean/Argentine mesquites has created hybrids with mixed characteristics, making it difficult to distinguish between indigenous and non-indigenous species. The 20-foot universal limit ensures consistency, enforceability, and alignment with view preservation objectives.
Q: How tall can mesquite trees grow with irrigation?
A: In natural desert conditions with rainfall only, native velvet mesquites typically grow 10-15 feet tall. However, with supplemental irrigation and deep soil, mesquites can grow 30-50 feet tall. This excessive growth is why homeowners are strongly discouraged from irrigating established mesquite trees.
Q: What is the hybridization problem with mesquite trees?
A: Mesquites cross-pollinate readily. When indigenous velvet mesquites grow near non-indigenous varieties like Chilean or Argentine mesquites, they produce hybrid offspring with characteristics of both parents. After years of cross-breeding, it has become almost impossible to definitively identify whether a mesquite is native or non-native based on appearance alone. This makes a policy distinguishing between indigenous and non-indigenous mesquites unenforceable.
Q: Does this policy violate Scottsdale's ESL (Environmentally Sensitive Lands) regulations?
A: No. The policy actually aligns with City of Scottsdale ESL regulations. Scottsdale's ordinance states that "non-indigenous plants that have the potential of exceeding twenty (20) feet in height are prohibited." Our policy extends the 20-foot height restriction to all trees on private property only for practical reasons (hybridization, irrigation effects, view preservation) while still protecting indigenous vegetation. Only non-indigenous trees in NAOS must be maintained at 20 feet but cannot be removed unless they pose safety concerns.
Q: Is the HOA allowed to regulate tree heights under Arizona law?
A: Yes. Arizona law grants HOAs enforcement authority through their CC&Rs (Covenants, Conditions & Restrictions) and Declaration. Ancala's Declaration Article 9, Section 9.9 specifically authorizes the Architectural Committee to "minimize obstruction or diminution of the view of others." Article 10, Section 10.25 grants the Board authority to "waive or modify restrictions and adopt additional restrictions consistent with maintaining the Property as a desirable residential community." A.R.S. § 33-1803(B) permits HOAs to impose reasonable monetary penalties for violations after notice and hearing.
Q: Does the 20-foot maximum tree height requirement allow for any exceptions?
A: Yes, if the tree will be damaged or left with only a trunk, exceptions can be made.
Enforcement & Fines
Q: Can I be fined immediately if my tree is over 20 feet?
A: No. The policy prioritizes education and courtesy. You will first receive a Courtesy Notice with 60 days to address the violation with no fines. You also have the right to a Board hearing before any fines are imposed.
Q: What triggers enforcement action?
A: Enforcement is triggered by either: (1) a written complaint from a neighbor, or (2) identification through HOA compliance review. The HOA prioritizes complaints from neighbors, as these represent actual community impact.
Q: What if I can't afford to trim my tree right away?
A: You have 60 days from the Courtesy Notice to address the violation at no cost. If you need more time, contact the HOA Executive Manager immediately to discuss your situation and potentially arrange a payment plan or extended timeline. You also have the right to request a Board hearing to present your circumstances.
Q: What if my neighbor complains about my tree but I disagree it's a violation?
A: You have the right to a hearing before the Board of Directors prior to any fines being imposed. You can present evidence, explain your position, and challenge the alleged violation. The Board will make a determination based on the facts presented.
Q: Can fines be placed as a lien on my property?
A: No/Yes. Under Arizona law (A.R.S. § 33-1807), unpaid fines on their own, cannot, however when combined with unpaid assessments added to your HOA account could potentially result in a lien on your property if they remain unpaid. This is why it's important to address violations promptly or work with the HOA on a resolution plan.
- All homeowners have the right to contact the HOA and appeal the notice and request a meeting with the HOA board to present their disagreement and circumstances.
NAOS (Natural Area Open Space) Questions
Q: Can I trim trees in my NAOS area?
A: No, with exception, ONLY non-indigenous trees to maintain the 20-foot height limit or for Firewise compliance (5-foot perimeter clearing and limb trimming). All other NAOS vegetation must remain undisturbed. You cannot remove trees from NAOS unless they pose a safety or fire hazard.
Q: What if a tree in my NAOS area is blocking my view?
A: You can trim ONLY non-indigenous trees to the 20-foot height limit. If it continues to block views even at 20 feet, contact the HOA Executive Manager to discuss options. Trees in NAOS generally cannot be removed solely for view purposes unless they also present safety/fire concerns.
Q: Can I plant new trees in my NAOS area?
A: Re-planting in NAOS areas is allowed only with species from the City of Scottsdale's Indigenous Plant List for ESL. You must still obtain approval from the HOA Architectural Committee before planting, and any new trees must not exceed 20 feet at maturity.
Specific Situations
Q: My tree is on the property line. Who is responsible for trimming it?
A: Trees on boundary lines are typically mutual property. However, you have the right to trim any branches extending onto your property up to the property line. If the tree trunk straddles the line, coordinate with your neighbor on maintenance. The homeowner on whose property the majority of the trunk sits is generally responsible.
Q: My neighbor's tree overhangs my property. Can I trim it myself?
A: Under Arizona law, you can trim branches extending onto your property up to the property line, but you cannot harm or kill the tree. It's best to first communicate with your neighbor and request they address the issue. If unresolved, file a written complaint with the HOA Executive Manager.
Q: What if a tree on Club property is affecting my home?
A: You cannot trim or remove trees on Ancala Country Club property yourself. Contact the General Manager of Ancala Country Club and request an inspection. The Club will determine if trimming or removal is warranted.
Q: Can I irrigate my newly planted tree?
A: Yes. Newly planted desert trees require regular watering for the first 1-2 years to establish roots. However, once established, homeowners are strongly discouraged from irrigating desert trees, as supplemental water causes excessive growth beyond the 20-foot limit.
Q: What if my tree is a safety hazard and needs immediate removal?
A: If a tree poses an immediate safety or fire danger (dead, diseased, leaning dangerously, touching power lines), contact the HOA Executive Manager immediately. Emergency situations may be addressed outside the normal enforcement timeline. You should also document the hazard with photos.
Q: Does the 20-foot limit apply to the trunk or the top of the canopy?
A: The 20-foot height limit is measured from ground level to the highest point of the tree's canopy (the top of the foliage/branches), not the trunk.
Firewise Requirements
Q: What are the Firewise requirements for trees?
A: To maintain Ancala's Firewise community designation:
- Maintain a 5-foot cleared area around your property perimeter
- Trim limbs of trees within 15 feet of the perimeter to a minimum of 5 feet from the ground
- These requirements apply even in NAOS areas
Q: Can I be fined for Firewise violations separately from tree height violations?
A: Yes. Firewise compliance is a separate safety requirement. However, the same enforcement process applies: Courtesy Notice, 60-day cure period, then escalating fines if unresolved.
Approved Plant List & Planting
Q: Where can I find the approved plant list?
A: The Approved Plant List is in Appendix B of the Architectural Design and Maintenance Standard, available in the Resource Center of the Ancala HOA website. Prohibited plants are listed in Appendix C.
Q: What if I want to plant a tree not on the approved list?
A: You must submit a request to the HOA Architectural Committee for review. The Committee will evaluate whether the tree meets community standards (maximum height, allergen potential, desert appropriateness). Trees with potential to exceed 20 feet will not be approved.
Q: Can I plant fruit trees?
A: Only if they appear on the approved list and do not exceed 20 feet at maturity. Check Appendix B or submit a specific request to the Architectural Committee.
Financial & Legal Concerns
Q: What if I just moved in and didn't know about the tree height policy?
A: The policy is part of Ancala's CC&Rs, which you agreed to when purchasing your property. However, the enforcement process includes a 60-day grace period specifically to allow homeowners time to address violations, whether they were aware or not. Contact the Executive Manager if you need guidance.
Q: Can I appeal a violation notice?
A: Yes. You have the right to request a hearing before the Board of Directors to contest the violation or present mitigating circumstances before any fines are imposed.
Communication & Resources
Q: Who do I contact with questions about the policy?
A: Contact the HOA Executive Manager for all questions, concerns, or to report violations. Their contact information is available on the Ancala HOA website.
Q: Where can I find the full policy document?
A: The complete Tree & Shrub Policy is available on the TMT Portal website in the Resource Center (https://my.managementtrust.com/Home_v2/Login). The policy was officially adopted by Board Resolution on January 27, 2026.
Q: Can the policy change again in the future?
A: Yes. The Board of Directors has the authority under the Declaration to modify policies as needed to maintain the community. Any significant changes would be communicated to all homeowners with advance notice.
For additional questions or concerns, please contact the Ancala HOA Executive Manager.