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Old 06-18-2012, 06:14 AM
 
2,393 posts, read 4,856,485 times
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It is very unlikely that the association is going to cut down trees because you want them to. Most of your neighbors probably like the trees.

Either accept that you will need to deal with the roots yourself OR back out of the purchase.
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Old 06-19-2012, 08:02 AM
 
Location: North Texas
23,599 posts, read 31,135,299 times
Reputation: 26656
Quote:
Originally Posted by SmartMoney View Post
Do you really want to go into a purchase knowing your first lawsuit is but days after closing? Seriously? There are so many different variables. Are you sure the HOA is financially secure? You do realize that is the equivalent of suing yourself?
I agree with this, you'd be foolish to go through with this purchase.

You didn't mention what the roots are doing to the pool itself, or the house's foundation (which is probably a slab). I'd say if the roots are heaving the pool deck, that's probably the least of your worries and you should have engineers come out and inspect every millimeter of your pool and foundation.

Or you could do the wise thing and back out of the sale.
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Old 06-19-2012, 11:13 AM
 
Location: Great State of Texas
86,093 posts, read 69,870,497 times
Reputation: 27519
You better get this all settled with seller and HOA regarding those trees BEFORE closing.
Don't just assume the HOA will chop them down for you.
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Old 06-19-2012, 12:13 PM
 
Location: Lead/Deadwood, SD
948 posts, read 2,266,537 times
Reputation: 854
All of this focus on the HOA, with no information on the type of tree - people giving advise without even knowing what species the tree is... dealing with a small species vs. a massive one would be completely different.

One poster also referred to this as being similar to a limb falling on your home - no its more like a limb growing into/against another's porch, window or driveway - this is a slow act not an instant thing caused by wind or lightning. Personally I'd handle it myself it was from a smaller species, but if this a 60 yr old cottonwood, I wouldn't be surprised if pushes the entire pool in.

If this is a potentially a major issue I would deal with it before closing - OP - when you say it raised or heaved the deck upward is it an inch or a foot? That would also come in to play on how I would handle it - also if the deck is a pile o crap already and maybe could be re-designed, also if the trees go away will you loose needed shade or privacy?

I'm seeing too many answers with not enough questions.
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Old 06-19-2012, 02:19 PM
 
2,401 posts, read 3,804,868 times
Reputation: 2169
Quote:
Originally Posted by eric#1 View Post
All of this focus on the HOA, with no information on the type of tree - people giving advise without even knowing what species the tree is... dealing with a small species vs. a massive one would be completely different.

...

I'm seeing too many answers with not enough questions.
Not so different (AND makes Noooo difference) if that HOA still refuses to take care of the problem at their own expense & the HO or buyer also refuses to cut it down on their own expense (even if for that small tree) base upon the "I paid the fee & HOA should perform their job".

Really, WHO cares what tree size (big or small) or if the deck is lifted 1 inch or a foot...
IF, Bigggg "IF"
HOA foots that whole bill & took care of everything.

THAT *FREE of CHARGE*, my friend "is" the difference.

*Money talks*, NOT tree size or if the whole house needs replaced.
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Old 06-19-2012, 06:39 PM
 
14 posts, read 45,427 times
Reputation: 11
Quote:
Originally Posted by eric#1 View Post
All of this focus on the HOA, with no information on the type of tree - people giving advise without even knowing what species the tree is... dealing with a small species vs. a massive one would be completely different.

One poster also referred to this as being similar to a limb falling on your home - no its more like a limb growing into/against another's porch, window or driveway - this is a slow act not an instant thing caused by wind or lightning. Personally I'd handle it myself it was from a smaller species, but if this a 60 yr old cottonwood, I wouldn't be surprised if pushes the entire pool in.

If this is a potentially a major issue I would deal with it before closing - OP - when you say it raised or heaved the deck upward is it an inch or a foot? That would also come in to play on how I would handle it - also if the deck is a pile o crap already and maybe could be re-designed, also if the trees go away will you loose needed shade or privacy?

I'm seeing too many answers with not enough questions.
There are 3 Sissoo trees that are about 15 years old. The trunks are about 6-12 inches in diameter. So far from what I've seen is that there is a surface tap root that came in and looks as if its the only one or two roots that have come in that are visible. The deck is lifted up by maybe 2-3 inches so its not a big deal but its something that I would eventually replace.

The trees do create abundant amount of shade to the backyard during the afternoon sun but I am willing to sacrifice them to stop the dang invasive roots from doing anymore damage.
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Old 06-19-2012, 09:12 PM
 
Location: CHicago, United States
6,936 posts, read 6,989,487 times
Reputation: 3487
The seller has the responsibility to provide for an allowance to correct the damage, unless you've agreed to waive that. Your home inspection should have, and maybe did, reveal this and other problems. At this point I don't think you actually know who owns what and who is responsible for what. Either walk away from the purchase or resolve the matter at closing. Your attorney should give you the advice you need and represent your interests at closing.
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Old 06-20-2012, 10:07 AM
 
Location: Lead/Deadwood, SD
948 posts, read 2,266,537 times
Reputation: 854
Quote:
Originally Posted by hueyeats View Post
Not so different (AND makes Noooo difference) if that HOA still refuses to take care of the problem at their own expense & the HO or buyer also refuses to cut it down on their own expense (even if for that small tree) base upon the "I paid the fee & HOA should perform their job".

Really, WHO cares what tree size (big or small) or if the deck is lifted 1 inch or a foot...
IF, Bigggg "IF"
HOA foots that whole bill & took care of everything.

THAT *FREE of CHARGE*, my friend "is" the difference.

*Money talks*, NOT tree size or if the whole house needs replaced.
I would care. If the HOA is willing to pay for the roots to be removed even fix the deck, but there is still a 100 ft. cottonwood that is weakened from root removal, just a few feet from my home, and could fall on my kids room, then money means NOTHING.

That my friend is the difference between a 100 ft cottonwood something little more than a shrub.

Now if the home fits me, is in the ideal neighborhood, but the tree is small, yet fully grown and the deck is only raised 1/4 of an inch, I can't imagine walking away.

And yup money does talk so whether it's $100 to fix or $5,000 to fix is very relevant. I'm not exempting how the HOA handles it from being relevant, but that is not the only factor to consider if this one issue aside make the home perfect.
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Old 06-20-2012, 10:23 AM
 
Location: MID ATLANTIC
7,598 posts, read 17,614,249 times
Reputation: 8078
I just scanned quickly, so I apologize if I missed if the OP is paying all cash.......but if he's not and the damage is as obvious as it sounds, no appraiser in their right mind would issue an appraisal that is not subject to repairs.
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Old 06-20-2012, 04:30 PM
 
2,401 posts, read 3,804,868 times
Reputation: 2169
Quote:
Originally Posted by eric#1 View Post
I would care. If the HOA is willing to pay for the roots to be removed even fix the deck, but there is still a 100 ft. cottonwood that is weakened from root removal, just a few feet from my home, and could fall on my kids room, then money means NOTHING.

That my friend is the difference between a 100 ft cottonwood something little more than a shrub.

Now if the home fits me, is in the ideal neighborhood, but the tree is small, yet fully grown and the deck is only raised 1/4 of an inch, I can't imagine walking away.

And yup money does talk so whether it's $100 to fix or $5,000 to fix is very relevant. I'm not exempting how the HOA handles it from being relevant, but that is not the only factor to consider if this one issue aside make the home perfect.
Why would you care if the HOA takes care of it ***FREE*** that even the whole house is replaced & upgraded for free??? OP did not have kids staying there (he did not mention kids) nor is that place even closed on... so saying your kids is there is moot point & does not even apply???

Yah that deck raised for 2-3 inches could still potentially trip someone / your kid's friends & get a lawsuit going ... and certain lender's rules are stricter than others (causing loans to fall through & stuff should even the 2-3 inch problem is not fixed...) still moot point IF the HOA pays for it all.

Also if the HOA pays for all that plus the lawsuits for your kid's accident (money of course does not buy lives) & that future "trip & fall lawsuits" & then some more pocket change for you the HO... you'd probably make out like a bandit then... hey more power to U!!!

BUT

Don't bank on HOA paying anything of course...

HOA truely Loooove the money from the fees... BUT, for them to open that wallet to you the HO (thus the reason to walk away unless it's freakin' 60% off or more, cash price all paid for or better get it next to $0)??? Good luck!
You probably need some serious political connections, a politically connected lawyer or some person like that.
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