My property v HOA property

I'm trying to determine what property is my responsibility and what is the HOA's responsibility. I can't really find it in the by laws, but may be looking in the wrong place.

When we first moved in, one of the HOA Board members told me that anything on the perimeter is considered HOA property, therefore they are responsible.

Our back wall, which backs up to a mobile home park, is cracking due to a tree and it's root system. We contacted our Association Management company back in October. Nothing has been done. I've contacted them several times since and keep getting "we are working with the mobile home park management. They've gotten quotes. We will update you when we know more."

Now, we are to the point that we can see through the crack! I have two little boys and two dogs - God forbid something happen to any of them. If the wall loses stability and crumbles, I am going to be beyond livid.

I'm trying to figure out what my rights and responsibilities are.

Yes! That is true. I'm just wondering if I should try to contact the mobile home park myself or wait for my association to do it. I'm honestly afraid that the wall is losing structural integrity. One earthquake could knock the sucker down! Considering when we moved in, the crack wasn't there and 18 months later we can now see through it. It appears to be happening relatively quickly.

Thanks for your response!

I would make this an insurance claim and let your insurance work out the details...Your going to have to make a claim for your home repairs. The insurance company may do the repairs and then send their bill/lawyer to the responsible party for the tree. Although I would encourage a conversation at a board meeting with your HOA prior to doing this. That way they can know your insurance is dealing with it and may be contacted. Let the insurance company know your in a HOA as well.

Just a wall dividing two properties. I guess I thought since the crack is getting wider and deeper (it runs the entire height of the wall now) it was losing integrity. If it keeps widening, I would think it would crack the whole wall eventually?

Andrea,

One thing to remember is that Associations are typically ran by volunteers. These volunteers typically meet only once a month. When Associations need to get bids or seek advice (insurance, legal, etc.) volunteers must make time within their schedules to meet or talk with these people. What I'm saying is, things take time.

Per your post, not only is your Association involved but the issue requires an action by a different Association. This takes even more time and something that is not in your Associations power to make happen any quicker than the other Association is able to act on it.

If things are not moving quick enough for you (and I can understand that concern), it's possible that it's due to a lack of time vs. a lack of effort. Therefore, I would suggest the following:

1) Contact your Association, explain how you understand some things are out of their control but you are concerned for the safety of your family, pets and property. Then ask

a) permission to install a temporary fence to keep your children and pets from digging into the hole (this would be done at your expense)

OR

b) request that the Association split the cost for a temporary fence.

Then explain that you understand that it takes additional time to handle unforeseen issues like this and volunteer to assist in the issue any way you can - perhaps contacting the other association, discussing issues with the insurance companies, etc.

Hope this helps,

Tim

Andrew - Check your property plat. It will show you where your property lines are. You may have to find your property stakes to find out if the wall is on your property. You need to know this information no matter what was told to you, you need to be sure. I would think the first thing you have to determine is who owns the wall. It appears your HOA says it belongs to the park behind your house and trying to get them to fix or replace. Keep bugging your Board about the wall. Even if you have to write them every month or go to a meeting and discuss with them. If necessary get an estimate from someone on how much it would cost to seal the crack. If not to expensive and you feel it is a hazard to your family have it done and send the bill to the Association. (I would think they will let you know who the wall belongs to at this point.) Or write your Board and ask if you can fill in the crack yourself because it is a hazard to your family and it is taking them to long. Hope these suggestions help.

Andrea

Is this wall longer then the back edge of your property as in does it extend beyond your back edge of your lot and along the back edge of other HOA lots? Does the wall match any other walls in your development? Does the wall match any other wall in the park? I am trying to figure who who might own the wall.

It could well be the wall is the HOA's responsibility but the tree from the park is damaging it and the HOA is trying to get the park to stop further damage and pay for the wall repair.

Have you recently called anyone on the HOA BOD or a your Property Manager (if there is one) to enquire about what is going on with it?

Overall, I do not see the wall as your responsibility.

Hope this helps.

In my experience, you are spinning wheels with the insurance company. Even if the wall is on the common element of the hoa they are going to consider any damage done to it by the tree as an, "act of god." Meaning, no coverage. In almost every hoa that I have managed over the years, your maintenance responsibility will end with the walls of your unit, and in rear cases might extend to a radius of 5 or so feet. The declaration of your association will be very clear about this; look for "Unit Description" and/or "Maintenance Responsibilities." As others have said these things can take time, but always remember the squeaky wheel gets the grease. If it is determined that the wall is on the common element and it is the responsibility of the hoa to repair the wall, continue to call your property manager and attend board meetings and speak your mind. However, be polite and do not threaten or curse or call names. Blasting anyone who might actually be able to help you will have the opposite results of what you want. But, constant pressure will get your wall fixed.

I have encountered the tree responsibility problem. In Maryland, any tree that falls on my property and damages it (my fence, my house, my car, anything) is MY responsibility - NOT the owner of the tree. I know this sounds crazy but my HOA's Management Company told me this and so did my Homeowners Insurance company USAA. My house backs up the HOA common area which consists of untended wild woods. The trees are right smack dab at my property line and limbs keep on falling on my fence and ruining it. I need the fence to keep out the herds of deer and I already have Lyme disease from mowing my yard, so now I have to hire a company to mow it. I have to pay for any damage to my property and any portion of a tree that is on my property. My only recourse is to hire an arborist to fill out a report indicating which trees will threaten my property (but only those that are dead) and send the photos, arborist report and letter demanding the dead trees be removed via registered mail. My homeowners insurance will not go after anyone since they say I am responsible. I am not getting this wrong, I have spoken with numerous people and they all agree it is a illogical law. Somebody got this written into law - it was probably some rich politician with a lot of trees.

To add injury to insult, I was stung by a giant hornet while sitting on my back patio. They were swarming from a dead tree and I could not go out to my back patio for two years because they used the dead (but still standing) trees on the HOA property. When I called and asked for the dead tree to be removed, I received a letter from the HOA Management Company stating "No, we consider the giant hornets in the dead tree to be an act of nature."

So far, my fence has been ruined five times by falling limbs and the last one crushed it to the ground. (It is a five foot high chain link fence). The HOA Management company said I had to remove all of the tree and pay to have my fence replaced again. When I complained that the heaviest part of the tree smashing my fence was on their property (the trunk portion), they said that the tree removal company would saw off the tree at my property line and only move the trunk aside and back onto HOA property.

I just paid $4,500 to have three tulip poplar trees removed that were at the back of my property since I moved in and had grown so big I was worried they would fall on my neighbors house. Little did I know that I wasted the money because if they did, it would not be my responsibility in Maryland. My neighbor would never speak to me again (if his family survived the tree crushing his house), but if I followed the law, it would not be my problem.