Here the tree is an
ash which has a a
fibrous root
system with a relatively flat anchoring root system. If the roots under
the wall are
cut, the risk of the approximately 40 foot tree falling is great. As
can be seen the tension has wedged the sixteen foot section to the
other section to the extent the bolts allow.
From: http://www.forestry.iastate.edu/tree_biology/roots.html
The roots of young seedling trees are often classified as to either having a tap root (most oaks, walnut, hickory) or having a fibrous root system (maples, ash, cottonwood).
From: http://www.cazv.cz/2003/2002/les8_02/mauer.pdf
The root system of European mountain ash is usually described as a typically anchoring (MAYER 1977; NAMVAR,
SPETHMANN 1985; AAS 1997; MÖßMER, AMMER 1994; POLOMSKI, KUHN 1998) or as a relatively flat anchoring root system (LEMME, PRIEN 1994), and is also characterized by other authors as rather superficial (CHMELAŘ 1983; VOLNÁ, POSPÍŠIL 1989) or shallow (KAPPER 1952; SVOBODA 1957). Mountain ash is a part of mountain forest communities where it often regenerates on rotting wood; that is why it can sometimes exhibit stilt roots (SVOBODA 1957; CHMELAŘ 1983). According to NAMVAR and SPETHMANN (1985), mountain ash shows a strong inclination to the formation of adventitious roots and shoots. Development of sprouts on shallow lateral roots is mentioned by BECHSTEIN (1821 in LEDER, HILLEBRAND 1997) and KAPPER (1952).
Update - Status of Efforts to Effect Repairs
In an email dated September 23, 2010, Dustin Mannina, Association Manager, Community Management Services Inc., stated:
"Elmer, I just wanted to let you know that the Board is not going to take any action at this time. They have had the wall bordering the complex inspected due to lifting from the tree. There is minimal damage and does not pose a safety hazard at this time. In the future the wall may need repair. Association will not be filing a claim on George John's insurance for this repair at this time."
Accordingly, George John's insurer, Balboa Insurance replied in a letter dated February 11, 2011 as follows:
"Although I am not handling that particular claim, it is my understanding that the claim for the back wall damages was closed after the HOA chose not to pursue a claim for damages."
The Homeowners Association actions: Calling off the claim for repair and the provision in the Supplementary Information on Future Major Repairs and Replacements indicates their claim of ownership.
From: http://www.forestry.iastate.edu/tree_biology/roots.html
The roots of young seedling trees are often classified as to either having a tap root (most oaks, walnut, hickory) or having a fibrous root system (maples, ash, cottonwood).
From: http://www.cazv.cz/2003/2002/les8_02/mauer.pdf
The root system of European mountain ash is usually described as a typically anchoring (MAYER 1977; NAMVAR,
SPETHMANN 1985; AAS 1997; MÖßMER, AMMER 1994; POLOMSKI, KUHN 1998) or as a relatively flat anchoring root system (LEMME, PRIEN 1994), and is also characterized by other authors as rather superficial (CHMELAŘ 1983; VOLNÁ, POSPÍŠIL 1989) or shallow (KAPPER 1952; SVOBODA 1957). Mountain ash is a part of mountain forest communities where it often regenerates on rotting wood; that is why it can sometimes exhibit stilt roots (SVOBODA 1957; CHMELAŘ 1983). According to NAMVAR and SPETHMANN (1985), mountain ash shows a strong inclination to the formation of adventitious roots and shoots. Development of sprouts on shallow lateral roots is mentioned by BECHSTEIN (1821 in LEDER, HILLEBRAND 1997) and KAPPER (1952).
Update - Status of Efforts to Effect Repairs
- July 9, 2008 - Damage discovered and reported along with above photos to Community Management Services, Inc., agent for Kentfield Commons Home Owners Association. Already, it appears that there is tension on the sixteen foot section of anchored cement wall and apparently it happened rather abruptly so as to spew the facing rocks. Subsequent discussion: Property manager has handled similar problem in another development - Required removal of 16 foot section of wall and cutting of roots causing problem. (Half of sixteen foot wall section, which backs up to the street, is on my property and other half is on George John property.)
- August 26, 2008 - Community Management Services, Inc. email:
"..., I will be sending the homeowner a letter today, informing them
that the tree is causing damage to the wall and needs to be repaired."
The homeowner is George H. John.
- No repairs to date. The three Kentfield Board of Directors were again reminded of the problem at the Homeowners annual meeting on September 23, 2009. (Query: Does the fact that an attorney board member's close association (Shares portions of the office, lists same address and suite with the State Bar of California, has the same fax number, etc.) with a former board member attorney who has represented Mr. George H. John on another tree/hedgerow matter impede repair at a cost to all the other members of Kentfield Commons?) Counselor: You are correct in that a former board member can represent a homeowner. However the legal ethics violation here is that you, a current board member, continue a close association with the former board member who has represented the homeowner causing tree damage to community wall near Horgan. In fact you, a current board member and the former board member both previously attended and acted on behalf of that homeowner at a settlement conference in your offices. Even if there were merely an appearance of impropriety, the attorney should be required to recuse himself.
In an email dated September 23, 2010, Dustin Mannina, Association Manager, Community Management Services Inc., stated:
"Elmer, I just wanted to let you know that the Board is not going to take any action at this time. They have had the wall bordering the complex inspected due to lifting from the tree. There is minimal damage and does not pose a safety hazard at this time. In the future the wall may need repair. Association will not be filing a claim on George John's insurance for this repair at this time."
Accordingly, George John's insurer, Balboa Insurance replied in a letter dated February 11, 2011 as follows:
"Although I am not handling that particular claim, it is my understanding that the claim for the back wall damages was closed after the HOA chose not to pursue a claim for damages."
The Homeowners Association actions: Calling off the claim for repair and the provision in the Supplementary Information on Future Major Repairs and Replacements indicates their claim of ownership.
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