HOA Dispute Tree Root Damage

Questions on how we spend our money and our time - consumer goods and services, home and vehicle, leisure and recreational activities
Post Reply
Topic Author
tvubpwcisla
Posts: 1167
Joined: Sat Nov 09, 2019 9:09 am

HOA Dispute Tree Root Damage

Post by tvubpwcisla »

I live next to an HOA maintained common area. Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. I asked the HOA to help with the repair / replacement cost and also to remove the trees that caused the damage. They said no to both. Where should I go from here?

Thanks
adestefan
Posts: 581
Joined: Fri Jan 06, 2017 7:22 pm

Re: HOA Dispute Tree Root Damage

Post by adestefan »

You pay for the repair.

Is the tree unhealthy or poorly maintained? Why do you think the HOA owes you money?
Topic Author
tvubpwcisla
Posts: 1167
Joined: Sat Nov 09, 2019 9:09 am

Re: HOA Dispute Tree Root Damage

Post by tvubpwcisla »

adestefan wrote: Thu Feb 11, 2021 5:58 am You pay for the repair.

Is the tree unhealthy or poorly maintained? Why do you think the HOA owes you money?
Thanks for your reply. I was hopeful the HOA would help me pay for the repair and / or remove the trees since the trees that caused the damage where on their property and I expressed concerns about them one year prior. I am also trying to prevent an future problems with their tree roots. I am happy for your response as maybe it is just me and the HOA should not help?
Jack FFR1846
Posts: 18501
Joined: Tue Dec 31, 2013 6:05 am
Location: 26 miles, 385 yards west of Copley Square

Re: HOA Dispute Tree Root Damage

Post by Jack FFR1846 »

You could seek both payment and the removal in court.
Bogle: Smart Beta is stupid
scifilover
Posts: 543
Joined: Sun Apr 14, 2013 12:56 pm

Re: HOA Dispute Tree Root Damage

Post by scifilover »

Seems likely that the trees were there before the house was built and the landscaping installed. If this is the case, what is your theory of liability under which the HOA would be responsible? How were they negligent? The homeowner who installed the landscaping knew the trees were there; he/she could see them. Trees have roots. Both trees and roots grow. If the landscape drainage pipe is of the perforated type, root intrusion is common. Non-perforated pipe might have been a better choice.
User avatar
Cyclesafe
Posts: 1474
Joined: Wed Dec 31, 2014 12:03 pm

Re: HOA Dispute Tree Root Damage

Post by Cyclesafe »

In court this can go either way for you. What is certain is you'll be out the legal fees.

A better fix is for you to install a root barrier between the trees and your property line. You'll need to dig up your yard anyway to fix your pipes. I used the 36" version of the linked product along my back property which solved my offending root problem for good. And I also still enjoy the shade and privacy afforded by my neighbor's trees.

Perhaps you can get your HOA to kick n for some of the cost.....

https://www.deeproot.com/products/root- ... re%20trees.
"Plans are useless; planning is indispensable.” (Dwight Eisenhower) | "Man plans, God laughs" (Yiddish proverb)
bob60014
Posts: 3768
Joined: Mon Jul 31, 2017 8:59 pm
Location: The Land Beyond ORD

Re: HOA Dispute Tree Root Damage

Post by bob60014 »

Check your documents but on the face of it, I would think that anything that occurs in the common areas of an HOA is the overall responsibility of the members of the HOA. The HOA monitors, maintains, and controls “everything” that goes on with common areas and thus if a tree causing damage to an individual unit the HOA collectively is responsible. IMHO
User avatar
Sandtrap
Posts: 19591
Joined: Sat Nov 26, 2016 5:32 pm
Location: Hawaii No Ka Oi - white sandy beaches, N. Arizona 1 mile high.

Re: HOA Dispute Tree Root Damage

Post by Sandtrap »

tvubpwcisla wrote: Thu Feb 11, 2021 5:53 am I live next to an HOA maintained common area. Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. I asked the HOA to help with the repair / replacement cost and also to remove the trees that caused the damage. They said no to both. Where should I go from here?

Thanks
1. You asked the HOA for costs, they said no. (in writing?) did the HOA say exactly why they said no? (describe).
0) did you ask the HOA verbally (by the way. . .?) spoke to 1 person verbally? Or in writing with documents and pictures?
a) did you give the HOA a written estimate by a licensed contractor to do this work?
b) did the written estimate include a description of root damage and where it is sourced?
c) did you have a licensed contractor give a quote on costs to prevent root damage in the future?
d) have you taken lots of pictures and also recorded everything, emails, conversations, etc?

2. Once having said "no", it's more difficult for you to get the HOA to comply with your wishes with another letter or contact from you. Thus, seek legal counsel.
a) legal counsel will tell you how much it might cost you to get what you want and what the procedure is and the odds of "winning".

3. Once consulting with legal counsel, even just an initial consult, you will have a better idea if pursuing this is worth the costs and odds of "winning", etc, etc.
a) for now, just thinking and getting input that is not legal counsel that you contact in your area, is not going to yield much constructively, maybe.

4. This is a "gray area". Like many R/E property "gray areas of dispute", going up against an HOA is not always fruitful because they have the experience and resources, and ample records (CCR's, HOA docs, etc) to reinforce thier decisions. And, this "is not thier lst rodeo". Thus. . . you decide.

j :D
Last edited by Sandtrap on Thu Feb 11, 2021 7:33 am, edited 2 times in total.
Wiki Bogleheads Wiki: Everything You Need to Know
GT99
Posts: 758
Joined: Wed Jun 20, 2018 5:26 pm

Re: HOA Dispute Tree Root Damage

Post by GT99 »

I don't think you have a case here. Laws obviously vary from place to place, but my understanding of this in most places is that as long as the tree is healthy, you basically draw an imaginary wall into the sky and down into the ground where the property line is. The parts of the tree on the HOA property side are their responsibility, the parts on your side are yours. If you had chosen to cut all of the roots coming into your property, I don't think the HOA could have stopped you (unless there are other laws, protecting the tree).

I know where I live, if branches from a tree on my property grow over a neighbors property, they have the right to cut those branches without my permission, but if a branch falls and damages their property, it's their responsibility (as long as the tree is in good health). Similarly, that applies to roots.
3feetpete
Posts: 613
Joined: Sun Dec 14, 2014 6:30 pm

Re: HOA Dispute Tree Root Damage

Post by 3feetpete »

I think you are out of luck but you should read the bylaws carefully to see if there is any wording that can help your argument.
Nowizard
Posts: 4842
Joined: Tue Oct 23, 2007 5:33 pm

Re: HOA Dispute Tree Root Damage

Post by Nowizard »

An HOA Board typically consists of neighborhood residents who volunteer their services. The HOA is a legal entity, but that does not mean it is not subject to outside regulations consistent with the covenants or that the HOA is competent to make what may be a legally disputable decision. You may have a legal issue, but ............

Tim
7eight9
Posts: 2406
Joined: Fri May 17, 2019 7:11 pm

Re: HOA Dispute Tree Root Damage

Post by 7eight9 »

I guess it all could be much worse. | They could be warming up my hearse.
rooms222
Posts: 824
Joined: Fri Feb 22, 2013 1:12 pm

Re: HOA Dispute Tree Root Damage

Post by rooms222 »

7eight9 wrote: Thu Feb 11, 2021 9:33 am Trees—A Unique Branch of Law
https://nyemaster.com/documents/cms/doc ... D-LINK.pdf
Very interesting read. It also reiterates that these legal and/or insurance related questions are very state specific, and it is useful to give the state involved when asking such questions. Also, condo law is very state specific as well.
Jim Beaux
Posts: 234
Joined: Sun Jul 23, 2017 4:29 pm

Re: HOA Dispute Tree Root Damage

Post by Jim Beaux »

tvubpwcisla wrote: Thu Feb 11, 2021 5:53 am I live next to an HOA maintained common area. Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. I asked the HOA to help with the repair / replacement cost and also to remove the trees that caused the damage. They said no to both. Where should I go from here?

Thanks
John Lennon's son finally cuts down a tree that has spurned a year-long $10million legal battle with the parents of Oscar-winning Marisa Tomei. ...Just saying.

https://www.dailymail.co.uk/news/articl ... -home.html
megabad
Posts: 3638
Joined: Fri Jun 01, 2018 4:00 pm

Re: HOA Dispute Tree Root Damage

Post by megabad »

tvubpwcisla wrote: Thu Feb 11, 2021 5:53 am Where should I go from here?
Move the drainage pipe away from tree roots? Seems like a pretty easy fix?
Monsterflockster
Posts: 980
Joined: Wed Nov 20, 2019 11:03 pm

Re: HOA Dispute Tree Root Damage

Post by Monsterflockster »

Where I live the tree has the right of way here and if you do anything to it you’re in deep do-do. But this is on the central coast in CA.
Post Reply