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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5546
Experience:  28 years of experience in general practice, real estate law and estate law.
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My condo suffered a sewer backup due to a tree root that damaged

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My condo suffered a sewer backup due to a tree root that damaged the sewage line therefore causing damage to my house. My ho6 insurance does not cover this because it was a tree root that damaged the sewage line therefore it was out if their line of responsibility. My Hoa declarations clearly indicates they are responsible for maintaining the pipes. The blockage occured from drain to blockage was 56 feet which was well beyond my property line . The hoa states their insurance will not covee this because they state my homeowners should have covered this. It's not about insurance, its about liability and the hoa common ground caused damage to my property. Since their tree caused damage to my house, do I have a strong case to take them to court and win?

There is no question that you are not responsible for damages caused by tree roots that are not on your property and that the HOA was required to maintain. Is your HOA serious when they claim that insurance carrier will cover the damages? Will your insurance company provide information to the HOA that they will not cover the claim?

Customer: replied 3 years ago.
I already explained that to them and they dismissed it stating I should have had better coverage
They have to be joking. Does the same sewer service other homes?
Customer: replied 3 years ago.
Yes it does and if they don't fix it, there will be greater problems including a sinkhole in the common ground. I was blowb away myself with their lack of responsibility believe me
Maybe they are hoping that you will just accept what they are saying and not pursue the matter any further.

Your case is strong, however, lawsuits can be time consuming and expensive. Do you have a copy of the master plan insurance policy?

You can certainly file suit, I just hope this can be resolved prior to taking this action.

How much will this cost to repair? Perhaps small claims court would be the way to pursue this matter.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Thank you.
Customer: replied 3 years ago.
I do have a copy and it clearly indicates they are responsible for maintaining the pipes and landscaping. Again which makes their dismissal all the more ridiculous
I want to know if they have purchased the proper insurance coverage.
Customer: replied 3 years ago.

They have a $20000 deductible which is fine but they said even if the block occurred on their side, my insurance should have covered my contents. Of course they stated an attorney wrote their writer which I'm sure they did but again, it's really about liability on their end