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Old 06-17-2012, 03:55 PM
 
14 posts, read 45,432 times
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I am in the process of purchasing a home. Here is what is going on. Behind the property is a main street where it has trees along the side. There are 3 trees that are directly behind my property and what has happen is the roots from those trees have come into my back yard and uplifted portions of the decking around my pool.

Since I am just purchasing this home will the HOA do anything about this? The trees are on the HOA property so technically they are responsible and not me since they aren't on my property. Does anyone have any experience in this if the HOA will cut the trees down and pay to repair the decking or what can I do to make them help?

Thanks,
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Old 06-17-2012, 04:50 PM
 
Location: North Beach, MD on the Chesapeake
32,107 posts, read 39,170,046 times
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The roots would be on your property, wouldn't they, if they're lifting your pool deck? Check your local regs but generally people are allowed to trim both branches and roots invading their property from another's. A caveat is that you can't trim so severely that the plant dies.
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Old 06-17-2012, 05:01 PM
 
14 posts, read 45,432 times
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Well yes the roots are but my issue is once I cut back the roots they will just grow back so the trees need to be cut down. Also wouldn't the hoa be responsible for the damage the roots have done to my deck?
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Old 06-17-2012, 05:31 PM
 
Location: North Beach, MD on the Chesapeake
32,107 posts, read 39,170,046 times
Reputation: 40515
Why do the trees "need" to be cut down? How far are they from the deck? You may run in to various requirements for those trees, the developer might have had to put them in per various regulations or site plan requirements.

As far as the roots growing back after cutting, they likely won't. If anything, new root growth will go laterally from the remaining root, not in the same direction it was growing prior to pruning.

As far as damage goes, it's another maybe, maybe not. Forget roots for a minute. If a limb from a neighbor's house falls on and damages your roof your insurance will pay the claim, not the neighbor's. Generally to hold the other party responsible you have to have notified them of the situation. Root invasion is usually considered about the same way.
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Old 06-17-2012, 05:36 PM
 
14 posts, read 45,432 times
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They are Sissoo trees so their roots are really hard to get rid of unless the tree is cut down. The deck is about 10 feet away from the closest tree. Once I close on the home I will contact the HOA to see what they are willing to do. I've found documents online from people that have taken their HOA to small claims court for root damage to their decks and the court citied with the home owner.
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Old 06-17-2012, 08:36 PM
 
Location: MID ATLANTIC
7,598 posts, read 17,618,792 times
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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?
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Old 06-17-2012, 08:46 PM
 
2,401 posts, read 3,805,737 times
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I agree with SmartMoney.

Good luck with that one OP!
Definitely not a very good situation to be "buying into".
If as a buyer, I personally wouldn't touch that property with a 10 ft pole... sayin'.
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Old 06-17-2012, 10:03 PM
 
14 posts, read 45,432 times
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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?
The home is a great buy the only issue is the pool. But if I am going to be paying for the association they might as well do their jobs and keep up with the necessary work.
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Old 06-17-2012, 10:10 PM
 
2,401 posts, read 3,805,737 times
Reputation: 2169
Dude!
A good tip....

If you think for a certainty that when you pay for the HOA fee that they are "obligated" to your likes... you have probably not lived in one before.
So...
Before buying & getting roped into a so-called good buy (maybe there is a reason why?)... do yourself a favor & rent in an HOA community before buying!!! (Seriously a good tip especially when you have "high" HOA expectations)

Important to remember... after you buy, you are stuck... especially if you go down "war path" (lawsuits) with HOA who can very possibly make your life a living hell and stick you with all kinds of fines should they find flaws with your new bought home etc....
At least with rent... you can get out of.

Do yourself a favor...
Read & reread all citydata posts with HOA threads... plus do more research on-line.
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Old 06-18-2012, 12:29 AM
 
491 posts, read 1,972,685 times
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Quote:
Originally Posted by foreigndude1987 View Post
The home is a great buy the only issue is the pool. But if I am going to be paying for the association they might as well do their jobs and keep up with the necessary work.
The HOA is you, once you close. Why didn't the current homeowner fix this issue? Was the Board ever notified of the problem? I agree with the other posters AND speak from experience that if you insist on going the route of filing a suit against the HOA over this - your fellow homeowners will try to make your life a living hell.
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