My deck is subject to removal, help needed!

Hi, Lao Mao,

I purchased my townhouse with deck 5 years ago, and at that time I was informed by my attorney that my property is legal and clear. Today the townhouse association sent me a letter saying my deck has problem and they asked me to either cut my deck by 18 inches or remove the deck completely, otherwise they will remove the deck and bill it to my account. My deck’s rails are attached the retaining wall which is made with railroad wood and which is managed by the association. Now the association is renovating the retaining wall by replacing the railroad wood with concrete blocks. Hence they complained my deck has problem.

I wonder whether my deck, as my private property, is protected by the law of United States? Does the association have the absolute right to remove my deck without my permission?

The deck has been sitting there since 1998 and nobody complained the deck has problem since then. The association does have the permit on file. When I purchased the house in 2004, I was informed by my attorney that my house is legal and clear. Does that mean the association failed to tell my attorney the deck problem in 2004?

Which party (the townhouse association, or my attorney, or the title search company, or the house inspection company, or the previous owner who built the deck) should take the responsibility for the deck problem?

I am innocent because I didn’t do anything wrong. I didn’t build the deck. I just purchased the deck as part of the house. It’s not fair to ask me to take away the deck or cut the deck by 18 inches at my own cost. I want to have a reasonable solution. I need to know who is responsible for the mistake and who should pay for it.

Can Lao Mao or anybody else let me know what I should do to get a reasonable solution? Thanks a lot for your help.