Tree's roots damage neighboring townhome's yard

     By Barbara Holland, CPM
      Q. My neighbor planted a tree against the wall between our properties. The roots of the tree are coming into my yard.
      I asked a nursery and was told that the tree was a cottonwood. The nursery typed a letter stating that this type of tree should not be planted in small areas, or near structures such as buildings or walls. The root structure is very aggressive and will damage everything in its path.
      I have desert landscaping in my back yard as it is easier for me to maintain than other types. I am 78 years old and have many medical problems. I have tried to remove the roots; it took me three days the first time. I couldn't move for more than a week.
      It's two months later and the roots are back.
      I wrote to the homeowners association, but they refused even to come over and have a look. I can't afford an attorney. I don't know where to turn. I would appreciate your assistance.
      A. This is not an unusual problem with townhome-type communities where homeowners have back yards. The architectural control committees and the boards of directors do have a responsibility in setting guidelines and standards as to what can or cannot be planted in back yards, as well as establishing rules to ensure that homeowners properly maintain their landscaping.
      Your board should become involved. Your covenants probably give the board authority under the architectural or maintenance sections. If this tree were damaging common streets or other common areas, the board would probably not hesitate to inform the homeowner to remove the tree or be held responsible for its damage.
      Besides its effect on your back yard, the tree may be penetrating the water lines and foundations of your homes. There is potential damage to common areas.
      You need to review your covenants, then send a letter to the board informing them of their obligation to tell the other owner to remove the tree.
      If they do have an obligation to help you and don't, you may file a complaint with the Ombudsman's office at the Nevada Real Estate Division. They may either make a call on your behalf or send the issue to arbitration.
      One final comment regarding the board: The governing documents may allow the association to remove the tree even if the unit owner does not and charge the removal to the owner.
      One last recommendation to you: Talk to your neighbor and show him the damage his tree is causing. Perhaps, with some luck, he will do the right thing.
      Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.
      Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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