HOA-planted tree roots destroying my pool deck

[calisnowripper]

What is the name of your state (only U.S. law)? Texas

There is a tree on a strip of community-owned land that abuts my own plot. This tree is about 24-36 inches from my fence. Its roots have grown underneath the fence and are currently breaking up the concrete decking of my in-ground pool.

I am currently getting advice of an engineer and arborist regarding present and potential future damage to the actual pool structure, but for now, my concern is my pool deck that is presently being damaged.

I want to do all of my research before approaching the HOA. What legal obligation do they have? What rights do I have? I know the roots are on my property and I believe I have the legal right to remove them, but only if it doesn't damage or kill the tree.

While I enjoy picking the tree's leaves out of my filters, my pool is the single most expensive improvement to my land next to the house itself and I don't want it damaged further.

In case it matters, the pool, house, and tree were all constructed/planted at the same time.

Thank you in advance for any advice you can offer.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas

There is a tree on a strip of community-owned land that abuts my own plot. This tree is about 24-36 inches from my fence. Its roots have grown underneath the fence and are currently breaking up the concrete decking of my in-ground pool.

I am currently getting advice of an engineer and arborist regarding present and potential future damage to the actual pool structure, but for now, my concern is my pool deck that is presently being damaged.

I want to do all of my research before approaching the HOA. What legal obligation do they have? What rights do I have? I know the roots are on my property and I believe I have the legal right to remove them, but only if it doesn't damage or kill the tree.

While I enjoy picking the tree's leaves out of my filters, my pool is the single most expensive improvement to my land next to the house itself and I don't want it damaged further.

In case it matters, the pool, house, and tree were all constructed/planted at the same time.

Thank you in advance for any advice you can offer.

**A: have both the engineer and arborist comment about the type of tree, root problems with the pool etc. Also contact your insurance company.

 

[xylene]

Controlled applications of growth inhibitors like copper compounds and synthetic plant hormones injected into the roots and under the concrete decking may be an option your arborist can advise you on.

Root heaving concrete is not an insurmountable problem.

It is unlikely you HOA will be compelled to remove the tree because of minor concrete damages, which you will have to prove is not due to defect or settling or the many other things that can cause concrete stresses...