If that is the true and the pipe was already broken such that it's leaking attracted the tree roots, the OP would have no case.
HOA Question
- Thread starter RDY4WAR
- Start date
The magnolia tree has been there about 15 years.
Most house insurance policies don't cover damage caused by roots. Check the policy print, or call to verify.
The HOA or whoever planted the trees should have used a root barrier. Find out what the tree planting code was when they were planted to see if they didn't follow applicable codes.
Also, verify if the trees are actually controlled by the HOA, or is it the city if inside the city limits.
This is something to consider. Public right of ways are to be considered. Does the city or county maintain the right of way or is the road private? Public rights of way has a certain amount of setback. With most public right of ways, sewer taps, electric services, gas shut offs, and water shut offs are located within the right of way. Everything on the street side of those services belong to the utilities and they are responsible. Everything on the opposite side is the property owners responsibility. If those trees are planted within the rights of way, that can reveal another issue. Some state and local codes do not allow plantings within the public right of ways.
Magnolia trees have very aggressive roots and are a terrible choice of tree for this situation. Some Karen likely thought they’d look good and just went with it.
Don’t say they didn’t take care of their trees because I’m not sure pruning would have done anything about the roots reaching out.
I’d certainly try to have them pay for damages, but be prepared to have them on your butts for the smallest issues until the end of time too.
Don’t say they didn’t take care of their trees because I’m not sure pruning would have done anything about the roots reaching out.
I’d certainly try to have them pay for damages, but be prepared to have them on your butts for the smallest issues until the end of time too.
How long has your mil lived there? If there hasn't been a problem for 15 years, I'm not sure how much you can blame the HOA for this. They can argue that your pipe is old and deteriorated.
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When you say by-laws are you referrring to the Covenants or ARB rules. They are called different things in different states and the laws are state specific.
I agree with talking to an attorney.
Depends on the CC&R's of that HOA. With my HOA they would be responsible. I live in a townhouse
How big an HOA? Most smaller HOAs don't want to be sued. HOA insurance companies hate when the HOAs get sued and most HOA boards knuckle under when threatened with a law suit.
I agree that there was an existing crack or defect in the pipe. The root won't grow through a PVC pipe. An unglued joint maybe.
I agree that there was an existing crack or defect in the pipe. The root won't grow through a PVC pipe. An unglued joint maybe.
This. STart there. Seek legal advice. Ask your insurance company. All things that will need to be done to see if there is any fault that can be placed on the HOA in this case. I have a tree that is in my front yard that was planted by the HOA - I am not supposed to remove it but I'm sure if the root system is causing me issues I can. Folks on BITOG really hate HOAs for some reason...never had an issue with the two I've lived in.
It will come down to fine print of indemnity when you look over the HOA legalese, if they planted and maintained the trees without your consent.
He needs to check with the HOA to see if the trees are planted in the property easement. Some cities plant trees in the easement in HOAs located in the city limits, and claim the property owner can't remove them. Of course, the city won't take any responsibly for them, even if they destroy property, like concrete, gas lines, water lines, sewer lines, under ground power, cable, phone, etc. They think trees are more important thsn someone's property.
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