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Damage and HOA common property - who is responsible?

Posted on Thu, Apr 08, 2010 @ 06:15 AM
  
  
  
  

common property damageFor several years I have had issues with my bathroom toilets backing up dues to the roots of huge oaks trees that are on HOA common ground interfering with the sewer line to my home. I have had the line snaked and cleaned out. A crack was caused by the roots and the roots got into the line. The damage is on my side of the property which needs to be repaired by going under the the sidewalk and is costly.This was caused by trees on common ground. The HOA group of appointed home owners in the community feel that it is my responsibility to pay for the damages. They refuse to cut back trees or even maintain the trees much less pay for the damages caused by roots. Are they liable? Thank you for your help.  

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COMMENTS

What do your documents say about Sewer Laterals? If your home is a single family dwelling it may be your responsibility. Ours are multiple units and the HOA maintains the laterals. 
 
Replace the clay pipe with PVC as you repair it. Also, trees hate copper. Flush a solution of copper sulfate (blue crystals)last thing at night. Multiple treatments. Research for legality in your area. Good Luck....

posted @ Thursday, April 08, 2010 7:41 AM by Jeff Leavitt


You should revise your HOA docs and seek what they said about the common elements and your boundaries to it, if it is common element the HOA should fix that problem, if this is the case show the board that the HOA docs says the HOA is responsible for the repairs. 
 
Is not about what the HOA committee feels, is what the HOA says and the law on your state says  
 

posted @ Thursday, April 08, 2010 9:07 AM by Jose E. Humaran


If a common element caused the damage, it isn't your responsibility. Even if you had the pipes fixed, the trees are still there. They should do something about the trees. 
 
Anita Mas | http://www.treesafe.com.au

posted @ Tuesday, July 29, 2014 7:16 PM by Anita Mas


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