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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19029
Experience:  B.A.; M.B.A.; J.D.
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I have a townhouse in CA. The tree roots damaged the sewage

Customer Question

I have a townhouse in CA. The tree roots damaged the sewage line which needs to be replaced or repaired. The sewage line runs from house to main sewage line under common area. My HOA says it is owners responsibility to fix it. The trees are maintained by HOA
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: California
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: is there any fees?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 7 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 7 months ago.

I disagree with the HOA's assignment of the responsibility to fix the damage.

This is HOA's responsibility and not individual homeowner's since the trees are maintained by the HOA. In addition, the "sewage line runs from house to main sewage line under common area." So, if HOA refuses to fix, the aggrieved homeowner can file lawsuit against the HOA to force HOA to pay for the repair.

Customer: replied 7 months ago.
HOA lawyer states the sewage pipeline is for exclusive use of home owner and therefore it is Owner responsibility.
Expert:  Phillips Esq. replied 7 months ago.

I disagree since the tree maintained by the HOA is the cause of the problem and sewer line connects to main sewer line under the common area.

I stand by previous response.

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