HOA Question

[RDY4WAR]

I have a question about responsible parties dealing with an HOA. This is my mother-in-law's current situation. I despise HOAs with all my being and avoid them like the plague so I don't have an answer for her.

You live in an HOA. The HOA planted trees (magnolias) in front of your house by the sidewalk. The HOA prohibits you from trimming or doing anything with those trees whatsoever. A root from that tree grew under the sidewalk into your yard and busted your sewage pipe causing a backup that overflowed sewage into your house.

Are you responsible for the cost to replace the sewage pipe and damages in the house?

Is the HOA responsible for the cost and damages since it was their tree that busted your pipe?

Or does responsibility differ from HOA to HOA depending their specific rules?

 

[Furious]

I would contact a lawyer, if it is the HOA's tree and they wouldn't allow you to maintain it and they didn't maintain it and it resulted in damage to your property I would assume they could be held liable.

Get a list of all of the HOA rules, policies, etc prior to bringing it to the HOA up so they don't decide to be sneaky and change a rule/policy.

 

[dishdude]

This is probably worth a consultation with an attorney....the damages are significant and a few hundred dollars of advice would go a long way.

 

[SevenBizzos]

My semi-educated opinion.

You need to have a licensed professional show/report that the root specifically from that tree caused the failure of the sewer line. Then you can present the findings to the board and see if they accept the responsibility and/or seek legal action against them on your own. I'm sure somewhere in the bylaws it determines the area of homeowner responsibility. Sometimes the grounds are common and sometimes you actually "own" the lot you are built on.

The bylaw about pruning or maintaining the tree is moot here because that would never include or exclude root systems.

 

[Pew]

I would ask my HOA first to see if they'll take care of the damage. If they deny/refuse, then I'll lawyer up.

EDIT: I'd like to add my HOA bylaws state all the lawncare, snow removal, basically everything outside is their responsibility. That's why I would ask first. If this was the HOA across the street, I would assume the homeowners would be responsible for it since everything outside is the responsibility of the homeowner.

 

[PontiacHO]

My semi-educated opinion.

You need to have a licensed professional show/report that the root specifically from that tree caused the failure of the sewer line. Then you can present the findings to the board and see if they accept the responsibility and/or seek legal action against them on your own. I'm sure somewhere in the bylaws it determines the area of homeowner responsibility. Sometimes the grounds are common and sometimes you actually "own" the lot you are built on.

The bylaw about pruning or maintaining the tree is moot here because that would never include or exclude root systems.

I’m thinking the other way… Since the HOA restriction states that the home owner has no rights or responsibilities for these trees then that implies that the HOA does have responsibilities regarding these trees.

 

[PimTac]

I would ask my HOA first to see if they'll take care of the damage. If they deny/refuse, then I'll lawyer up.

This, especially if this tree is the only one around. If the HOA won’t take care of the issue then get the lawyer. They will probably send a letter to the HOA to make it clear.

I’m guessing the pipe has been fixed already?

 

[MParr]

I would sue the HOA for cost and suffering.

 

[Rand]

I think it wont go anywhere.. probably fine print that covers this.
Also the tree didnt fall and cause damage a root did.
Only removal of the tree would have prevented this.

 

[RDY4WAR]

My MIL called a plumber to come out so there's a report. The tree in question is 11.5 ft from the busted pipe. The next closest tree is ~40 ft away and is also a Magnolia cared for by the HOA. She has no trees on her property.

The HOA by-laws state that homeowners are not to trim, cut, pick, decorate, damage, desecrate, or alter the tree in any way. It doesn't specifically state responsibility and liability but the HOA handles the tree's maintenance.

The pipe is not replaced. It just happened this morning while she was taking her shower before work and it backed up and flooded the house. I came over to investigate, tried a snake through the clearout with no luck, then went to probing and digging around and found the bust and roots.

 

[DuckRyder]

Does she have backup of sewer and drain on her insurance policy?

How bad is the damage to the home?

Is this a HOA a home (like a house in a subdivision), a town home or a Condo?

 

[RhondaHonda]

Is it a PVC pipe? Cast iron? Clay?

 

[RDY4WAR]

Does she have backup of sewer and drain on her insurance policy?

How bad is the damage to the home?

Is this a HOA a home (like a house in a subdivision), a town home or a Condo?

Her insurance does cover it. The damage isn't substantial. She cut off the water as soon as she saw it backing up and was contained to the two bathrooms. The home is a townhouse.

Is it a PVC pipe? Cast iron? Clay?

PVC

 

[RhondaHonda]

Weird that a tree root would infiltrate a glued PVC pipe. Or are you saying the root grew under the pipe and cracked it from the growth?

 

[RDY4WAR]

Weird that a tree root would infiltrate a glued PVC pipe. Or are you saying the root grew under the pipe and cracked it from the growth?

The root grew into the bottom of it.

 

[oldhp]

Every 30 days use this>>>> Copper sulfate, sold in the form of blue crystals, can kill the roots that clog lines without killing the entire tree.

 

[dnewton3]

I would think this is dependent upon a few things:
- what state laws may be applicable here; not every state has the same laws, as we all know
- what the HOA rules/covenants/restrictions all lay out
- what the insurance company may say ... if they know the situation, they may be able to help prior to getting a lawyer; they may be able to put pressure on the HOA if the insurance company is being dragged into this; they're not going to want to pay for something their customer had no control over and the HOA did have control over it. (The presumption being the HOA planted the tree, and restricted any homeowner control over the tree). Our HOA was sued by a member, and our insurance company provided the legal representation because it was in the company's best interest to get a good defense for the HOA.

 

[doitmyself]

Weird that a tree root would infiltrate a glued PVC pipe. Or are you saying the root grew under the pipe and cracked it from the growth?

The most common scenario is that the pvc pipe was compromised (cracked) first, and a fine root hair penetrated it and then went to town (very common). It's a bit of a stretch for the tree root to actually cause the crack. It's a chicken or egg first type of dilemma. I hope you follow up here with the results of the HOA inquiry.

With an HOA, who is responsible for the pipe between the house and the sewer main?

 

[atikovi]

You live in an HOA. The HOA planted trees (magnolias) in front of your house by the sidewalk. The HOA prohibits you from trimming or doing anything with those trees whatsoever. A root from that tree grew under the sidewalk into your yard and busted your sewage pipe causing a backup that overflowed sewage into your house.

The tree in question is 11.5 ft from the busted pipe.

Unless I misread it, that doesn't make any sense. No tree is going to grow roots that far that quickly. Maybe if the tree was planted 20 years ago.

 

[doitmyself]

Unless I misread it, that doesn't make any sense. No tree is going to grow roots that far that quickly. Maybe if the tree was planted 20 years ago.

Not true at all. 11.5 feet root growth is easily attainable in two seasons. In an urban landscape with poor soil conditions and a water source (leaking pipe), those roots will make a B-line like a BITOGER on the scent of a oil sale bargain.