ASK THE EXPERT: should HOA replant my tree or is my loss?

Hi there, newbie here. ANy advice will be appreciated!

Recently HOA is rebuilding the common wall. They had to dig so deep and wide and damaged roots of my big tree. After recent rain, the tree is falling. now HOA asked me to trim or remove the tree since it has potential risk to damage the common wall.

My question is, should that be HOA's fault? they dug and damaged my tree. Shouldn't be them who needs replant my tree or remove if I agree? Or they might come back and tell me that i plant too close to the wall which violet some rule? the tree trunk is probably 4 ft from the common wall.

I feel your pain, My HOA is doing the same. Our dues cover landscaping "maintenance" But if you read your individual break down of assessments, not only does it show your portion of "maintenance" weed pulling, tree and shrub trimming; it shows plant replacement. The HOA now wants to get rid of all mesquite and palo verde trees so the HOA can limit of exempt themselves of liability if a tree falls or the roots cause damage,, which a few have.

IMHO the HOA hires a landscaper and tree trimmer, those vendors should be on the hook, the HOA is not expert arborist.

I wish you luck.

I agree with Robert you need to look at your property plat and see if there is an easement where you planted the tree. Second you need to look at your documents and see what they state with regards to landscaping and if there are any "rules" regarding trees and landscaping planted. Third ask or look at your local government ordinances to make sure the planting did not violate any of their ordinances (my local city regulates trees planted within X distance from water or other utility lines, corners, etc. If nothing was violated you can then potentially get a tree landscape specialist to give you a report on what is happening with the tree so you can provide to your BOD with a letter stating that the HOA caused the issue and therefore the HOA needs to fix.