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Subject: HOA Roots Caused damage
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Author Messages
GeorgeN3
(California)

Posts:2


09/12/2017 9:12 PM  
Folks - I am new to the forum . I would like your advice please.
My HOA trees have crept into the backyard and damaged the concrete. HOA removed the trees and had an arborist indeed confirm that the damage is from the HOA trees and not from anything else.

The damage is about 30-40K , I am asking the HOA to fix the damage and they have gone silent on me.
What are my options.

Thanks - George
JanetB2
(Colorado)

Posts:3355


09/12/2017 9:23 PM  
Posted By GeorgeN3 on 09/12/2017 9:12 PM
Folks - I am new to the forum . I would like your advice please.
My HOA trees have crept into the backyard and damaged the concrete. HOA removed the trees and had an arborist indeed confirm that the damage is from the HOA trees and not from anything else.

The damage is about 30-40K , I am asking the HOA to fix the damage and they have gone silent on me.
What are my options.

Thanks - George


Send them a letter via "Certified Return Receipt" with the information and ask for a response within 30 days or less of their receipt. If they do not respond or not as you would like ... you then potentially need to ask an attorney to send a demand letter. The attorney will note the information in your governing documents and your State Laws noting responsibility. Hopefully, they will respond to your letter, or the attorney letter, if not your alternative is potentially legal action in a civil court.
GeorgeN3
(California)

Posts:2


09/12/2017 9:27 PM  
Thank you for your quick response.
TimB4
(Virginia)

Posts:14509


09/12/2017 10:24 PM  
Posted By GeorgeN3 on 09/12/2017 9:12 PM

What are my options.




If they are no longer replying to your communications, the options are (as I see them):

Homeowners Insurance
Consult with an attorney to see what legal options are available to you (along with approx. cost)
Fix the issue yourself
Live with the damage



AugustinD


Posts:508


09/13/2017 4:32 AM  
JanetB2's approach is good. For a couple years, my HOA went back and forth on who was responsible for repairing damage to sewer lines my HOA's trees were doing. Ultimately, and with a new HOA attorney, the HOA took responsibility for the damage and settled all claims. You may also want to review your HOA's Declaration for the part on the HOA's "maintenance responsibility." Typically HOAs are responsible to maintain common elements (including trees on common element land) so that damage to Owners' property does not emanate from the common elements.
SheliaH
(Indiana)

Posts:1889


09/13/2017 6:41 AM  
All the suggestions are good, but I would also remind you that you might not have heard anything because the HOA has contacted its insurance company and is waiting for a response (and you know how they can delay, especially if you're looking for a $30-$40K payout). You didn't say how long ago you contacted them, but I would agree it's rude not to say anything (they could at least let you know what's being done and when you can expect a response).

DaveD3
(Michigan)

Posts:726


09/13/2017 7:49 AM  
Trees crept into the yard and did 30-40k in damage to concrete?

If I take a generous approach to pricing, that suggests that these trees damaged over 5000 square feet of concrete.

Exactly how did that much concrete get damaged by creeping trees? And why was concrete placed so close to these trees that such damage could occur to begin with.

CjC
(Maryland)

Posts:27


09/13/2017 8:28 AM  
I was wondering how much concrete too. Do you actually mean the foundation of your house or a patio?
DouglasM6
(Arizona)

Posts:320


09/13/2017 10:16 AM  
I would call your insurance company. Let them fix it. They will go after the HOA if there's actually fault there.
JanetB2
(Colorado)

Posts:3355


09/14/2017 7:47 PM  
Posted By DouglasM6 on 09/13/2017 10:16 AM
I would call your insurance company. Let them fix it. They will go after the HOA if there's actually fault there.


Douglas has another good approach ... pursue them all and hopefully one will pan out.
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Forums > Homeowner Association > HOA Discussions > HOA Roots Caused damage



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