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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.
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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.



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