Tree Shedding in my yard

I have a tree that is within 5 feet of the block wall behind my house that sheds like crazy and clogs up and breaks my pool cleaner all the time! Trying to see if I can get this tree taken down completely. The tree is not in my yard and is not in my neighbors yard but is next to the side walk of a public street. Not sure if that is city property or HOA property. I've tried to do research but all I can find is trees hanging over from a neighbors yard. I've attached some pictures of the tree next to my back wall.

You are allowed to cut limbs that stretch over your property line. You can't remove the tree. What research have you done? Have you called the city and had them come out to verify it's on their property? If it is, then you have to follow their rules on requesting it removed. If it's on the HOA's property, you go to the board to request it removed. If you go to the board, then be prepared for them to not want to spend the money if they are strapped for cash. You may propose that you will pay for the tree removal IF they approve it to be done. Document that.

Steve

I am curious as to what a scorpion infestation has to do with your HOA?

Thanks

Why does he need a lawsuit to get things done? A simple letter to the HOA or attending a meeting requesting it should do. They may not have the funds or it may take awhile to process the request through the system. However, simply speaking up and telling the board I would like the tree removed please should get the process rolling. Much faster and easier than having to deal with the City...

I contacted the HOA about the scorpion infestation because they are breeding in the brick walls. It's easy protection for them since there are so many cracks in the walls. On a warm summer night I went out with a black light and found over 150 scorpions searching along the 1/8 mile stretch of the wall. I tried to get them to repair and seal the wall but just said that it was every homeowners responsibility to take care of their own pest control. I thought for sure I killed all of them the first night but went back out for round 2 and found and additional 80. I'll do anything I can possible to make sure my toddler doesn't get stung.

Anyways back on point it sounds like I will need to contact the HOA about the tree. I will see what they will do about it first. Hopefully if I can quote certain sections in the city code it might scare them into doing something. If not then I guess I will have to pay to have it removed. That's still a cheaper option that pool filters and cleaning equipment.

Thanks for the help everyone!

Steve,

Your first step should be a written notice to the HOA that their tree is causing damage to your property (pool and wall). There have been other discussions about trees on this forum and vaguely recall that under common law the owner of a tree is not liable for damage unless the adjoining owner has previously informed him of the potential problem.

I looked at the photo the OP provided. This is not simply "a tree" that just happened to grow there. It was intentionally planted there as part of an ill-conceived landscaping plan. The offending tree is just one of several in a similar situation and each one is likely to cause damages similar to what the OP reports. The chances of the HOA voluntarily removing any, much less all, of the trees is remote.

Someone was stupid to plant the trees like that and someone was stupid to maintain them like that. The damage to the walls was foreseeable and inevitable. I never expect those with a history of stupidity to suddenly grow a brain and start acting smart. My experience is that stupid people have to be compelled by some outside force to stop doing the stupid stuff.

Why in the world a lawsuit? Sorry but you do NOT need a lawsuit to handle this issue. My HOA had a similar issue where the developer planted Bradford Pear trees and other trees that outgrew their usefulness. They were needing to be removed but we the owners did NOT plant them. We were stuck with them when we took over the HOA 20 years ago.

Our HOA simply gathered the money and hired a tree company to cut down the trees. We made it the "Tree project". No reason why the OP's HOA can't do the same thing. I suggest to the OP that they gather bids to present to their board. Plus may want to gather support from other members having similar issues. That way they won't mind spending the HOA money on this project.

Simply put, present your issue to the HOA. Gather bids to help. Gather support from other members. Understand your HOA is ONLY funded by its owners FOR its owners. So it may take some time for approval and to afford it. You may just want to ask for approval if the funds are not there.

On a serious note:

Send the following to your HOA's Registered Agent via certified mail:

A description of your problem.

Pictures of the overhanging branches.

30 day notice of intent to cut tree all the way to your property line.

then

after 30 days - do so

voila - problem solved