Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

HOA, their tree, roots intruded my patio deck, lifted and crack,

Customer Question
HOA removed tree and ground...
HOA, their tree, roots intruded my patio deck, lifted and crack, HOA removed tree and ground stump and dug out as much roots as they could, ground down common sidewalk that too was lifted, I sent letter asking for repairs, HOA written response was that the patio area is HO's responsibility. What about tree root nuisance law?
Submitted: 6 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
9/4/2011
Real Estate Lawyer: Richard, Lawyer replied 6 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,020
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Good evening. The patio area is only the HO's responsibility if the problem was not caused by an HOA issue...such as an HOA tree root that caused the damage. In that instance, the HOA is responsible for repairing the damage the tree on the HOA's common area property caused. This is no different than if this was a boundary tree between neighbors. If the HOA is not going to voluntarily pay to repair it, file a suit against the HOA...that will also force them to contact their insurance company...and you will get awarded a judgment from the court if it gets that far...most likely once you file the suit, the HOA and its insurance company will step up and handle this without the suit because it's a clear cut legal case in your favor.

 

 

I hope this has given you information that has been helpful to you. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have different intricacies in their laws and any information given is simply general 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.

 

 

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,020
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Richard and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,020
56,020 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,149 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &
My HOA provided of Chart of Responsibilities, between HOA & Unit Owners. However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painting damage) cause… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Florida HOA. Are HOAs still able to enter properties because
Florida HOA. Are HOAs still able to enter properties because their covenants say so, or are they getting trespass warnings?. I was told they are not allowing associations to simply enter property to s… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,185 satisfied customers
In the subdivision we moved into at one time had a HOA ,but
In the subdivision we moved into at one time had a HOA ,but the builder when under.and the HOA had stop for some time.when we signed for our home ,we do not sign up for a HOA we check the deed and con… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Florida HOA. I live in an HOA under Ch 720. I know there is
Florida HOA. I live in an HOA under Ch 720. I know there is a Noticed of Intent requirement under condo law, Ch 718 for owners running for the Board. There is no such requirement to my knowledge under… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,256 satisfied customers
I have a HOA issue. Florida. I am aproved by the HOA in 2
I am aproved by the HOA in 2 units. I live in unit 26 and my dad lived in 44. He passed away. And deed was only in his name. But the approvsl has us both on 44. Now i have recently invited my cousin to stay for a few days at my dads 44 unit, since its empty. Hoa came with the police and said they have to lesve by tomorrow.… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Do HOAs have to have a Covenants Committee? If yes, do HOA
Do HOAs have to have a Covenants Committee? If yes, do HOA statutes dictate the composition of such a committee? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,149 satisfied customers
I am the President of our HOA and my next door neighbor
I am the President of our HOA and my next door neighbor built a shed without approval. He refused to make appropriate changes . And the Board had to go to trail. Since then he has harassed me nonstop.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
HOA removed mine and my neighbor hoses, that were neatly on
HOA removed mine and my neighbor hoses, that were neatly on a holder. Because HOA says it was on common area in the open. Hoses cannot be seen unless you walk around the unit. The President of the HOA… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,185 satisfied customers
I live in, NV in an HOA community. My neighbor has sent me a
I live in Henderson, NV in an HOA community. My neighbor has sent me a demanding letter to cut down tree branches from one of my trees that is now rubbing on his roof. He stated that I must also provi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Tn hoa approved neighbors fence which is in gross ovulation
Tn hoa approved neighbors fence which is in gross ovulation of by laws. Fence built within 3 ft of front of my house. By laws say can not build within 20 ft of front of any unit. When I complained hoa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I've been told by a neighbor that if an HOA provides lawn
I've been told by a neighbor that if an HOA provides lawn care and landscaping services, Florida HOA Laws state that it's an "all or nothing" decision. Our HOA says we are each responsible for the 4-f… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,149 satisfied customers
It's an HOA question - Neighbor was playing music load
It's an HOA question - Neighbor was playing music load passed 10 om and up until 1 am. I left a nice note on their door asking them if they could turn the music down after 10 pm or maybe wear a headse… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Complaint relates to private nuisance on the part of
Complaint relates to private nuisance on the part of neighbor who has acted in numerous and continuing behavior in building a house. He is and has been in violation of the city construction laws, the … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If we have a neighbor who is a consistent nuisance and is
If we have a neighbor who is a consistent nuisance and is renting a house in our neighborhood, is there a way to find out who owns the property to reach out to them about the tenant?… read more
socrateaser
socrateaser
1,031 satisfied customers
My HOA accused my house making nuisance noise on super bowl
My HOA accused my house making nuisance noise on super bowl day while we did not, just 2 mid age person lived inside, quiet, barely speak English, know nothing about foot ball, they are form foreign c… read more
AttyHeather
AttyHeather
Attorney
Juris Doctorate
637 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x