Encrouchment from tree

GeneG3, this forum has lots of tree root and tree limb encroachment tales.

Can you clarify: Do the CC&Rs require the entire tree to be cut down? Or just the limbs and roots that are encroaching?

My former condo had a tree on common area that was thee direct cause of sewer line backups into several units. The condo board refused to do anything, on advice of (incompetent counsel. The COA got a new attorney. The new attorney and her law firm said the COA caused the backed up sewer lines; should stop paying attorneys to argue the point; and should pay for the repairs to the units; and remove the tree. Once the tree was removed, the backups stopped.

Decades ago before trees all over suburbia and even in cities became the rules, the law said that the only remedy that someone experiencing encroachment by tree limbs/roots had was self-help. She or he could cut what crossed onto her/his property, and no more.

In recent years and nationwide, the law has tilted toward the tree owner being the one who has to pay for correction of the problem and damage caused by a tree's roots/limbs. Details depend on the exact circumstances and the state.

If the CC&Rs require the tree owner to take a certain action in a situation like this, I say the HOA is obliged to enforce the CC&Rs and do so promptly. Else the HOA could be on the hook for further damage the tree roots or limbs cause.

Gene,

Per this 2017 Property Line and Fence Laws in Arizona article:

By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree.

Gene,

If you talked to an attorney already, they should have pointed out that you have the authority to enforce the covenants as well as the Association. Difference is that you will have to file legal action on the neighbor. This of course will not help the neighbor to neighbor relations. However, it is an avenue to consider.

I have tried to trim and he calls the tree company and threatens them and when they came he also told them not to cut his tree. It’s absurd- this guy is a real charmer. It’s not roots at this time but I’m sure they are all u der my property. We live on very small lots and this tree has grown over my property and drive and my yard is full of leaves and acorns 3 months a yr with no help from neighbor to assist in anyway. I know that’s expecting too much, but I’ve lost the enjoyment of my property. It keeps me from having the light my yard needs. This oak tree is too large for where it’s planted and has grown substantially since I bought my house. The charmer told us we knew the tree was there when we bought our house. He just doesn’t get I simply want them to trim it - end of story. We are having meeting with hoa president to see what relief we can get.
The charming person also told my husband - I hate loosing our friendship over this. I want to tell him, we are neighbors only, as friends would not treat anyone like he’s treated us. My husband is in his late 80’s out in fro t yard in feb in the cold picking up leaves - the guy has never in 11 yrs offered to help him. I know, leaves belong to where they fall, but when it’s blantatly a real problem with our bagging leaves 3 months each yr - it’s gotten quite tiresome - sorry for rant but stupid people really get to me 😳

I agree and know this could be result. You cantf fix stupid and I guess my only revenge is I have no doubt whomever buys my house will be having the same discussion with tree owner -