I am the original owner of a condo built 16 years ago. The builder left a tree very close to my deck. He said when the time came it could be cut down.
It is now causing my deck to slant to both sides and is causing separation of some boards.
My association is now telling that I merely have to trim my deck to accommodate the growth of the tree. They are saying this is considered deck maintenance and it will be my cost.
I say the tree, which is common property, is causing damage to my unit and the association is responsible. The association is responsible for not only the trimming of the tree, but also its trunk and roots. I think the association should pay to have the tree cut down before further damage is done to my deck and possibly the structure of the building.
Who is correct, and what would you recommend as the best solution to our situation? Thank you in advance for your insight.