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I own a single family house in a neighborhood in Tucson, Arizona…

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I own a single family...
I own a single family house in a neighborhood in Tucson, Arizona with an association that I pay dues to monthly. My CC&R states that I am responsible for my sewer which runs from the house to the street. After 4 years of having American Home Shield send out someone to snake out my pipe every 6-7 months, last Sunday, March 4, I was told it could not be cleaned out anymore. This week a contractor learned that the mesquite tree had roots going through the drain and actually separated it at one point so waste was soaking into the soil.The neighborhood association pays a landscaper to maintain all the front yards, we are on a neighborhod drip system to water the plants and trees, the association must O.K. all plants and trees to be planted out front, and trims plants and trees when they decide it's necessary. My question is: who is responsible to pay for the $2,000 bill to have a new pipe installed when it is my property and my sewer, but the tree was put in at some point that they O.K.'ed, they water it, trim it, and have said they will pay the $350.00 to have it removed, but the tree ruined my sewer system quite a long time ago.
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
3/9/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,224
Experience: Lawyer; developer/owner of RE developments.
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Good morning. If the tree roots from a tree on common area damaged your sewer, then the HOA is responsible because their tree was the causation. If they do not pay you voluntarily, file a suit against the HOA. They will then bring in their insurance company and the insurance company will have pressure to pay this because if they are found not to have reasonably settled, they have liability for actual damages, plus punitive damages of up 3 times actual damages.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

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Customer reply replied 6 years ago
It is not common area, it is my front yard-common area is the general landscaping around the neighborhood and the pool
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
If the tree is on your property, then you are going to be responsible, notwithstanding who is caring for the tree.
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Customer reply replied 6 years ago
sorry, but they seemed to be admitting it was their responsibility at first, then the closer we get to a bill, they are backing out-I know you tried to help, but will meet with an attorney again who thinks they are responsible. Thank you anyway
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
No worries. I wish you the best.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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