How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55275
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
17027240
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

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

Resolved Question:

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: 5 years ago.
Category: Real Estate Law
Expert:  Richard replied 5 years ago.

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 and 4 other Real Estate Law Specialists are ready to help you

Related Real Estate Law Questions