SAN DIEGO, Calif. — A Rancho Bernardo homeowner is sounding the alarm about the fire risk she believes dozens of untrimmed palm trees surrounding an elementary school and nearby homes are posing.
"This is like being in a match book, just waiting for a spark to set this whole thing off," said Debbie Nolan, whose backyard faces Westwood Elementary School.
The resident said she's frustrated that a years-long dispute between her homeowners association and the Poway Unified School District over who is responsible for maintaining the trees has left the problem unresolved.
“It’s frustrating that people can sit there and point fingers and not have a worry about it.”
Nolan showed us the dozens of palms with dried fronds that surround the school. She said the trees haven't been trimmed in the 13 years she has lived in her townhouse.
$200,000 cost
Untrimmed palm trees are a fire risk and can catch embers, which quickly go flying into the air, putting entire neighborhoods at risk.
Nolan says she asked Poway Unified to clean up the palms but was told the responsibility belongs to her HOA.
The Westwood Homeowners' Association told us the trees are on Poway Unified's property and the HOA has been trying to no avail to get them trimmed for years.
The district maintains that a 1974 agreement between the townhouse developer and the association requires the HOA to maintain the trees.
District says 1970s agreement at play
In 2023, the district asked Westwood to equally split the nearly $200,000 cost of the tree remediation. The HOA refused.
"The trees are on the school's property, and should be maintained by them, not the surrounding associations," said Candace Baker, association manager for the Westwood One and Westwood Two homeowners' associations.
Poway Unified confirmed the district owns the land the trees are on but maintains it's not responsible for their trimming.
"Agreements dating back to the 1970s indicate that maintenance responsibilities for this area were assumed by the predecessor to the current homeowners' association," district spokesperson Josué Reyna said in a statement.
Reyna added, "Consistent with similar use agreements, the district's position is that permission to use the area carries with it responsibility for its ongoing maintenance."
Nolan said last week's Creelman Fire in Ramona has made her more concerned than ever.
"It could be a massive tragedy if it doesn't get resolved, if these trees don't get trimmed."
With kids returning to school next month, Nolan hopes someone will take action but for now, the dispute continues.
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