Tree roots breaking driveway

Started by DavidS68 • 13 replies • 3950 views

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DavidS68
Posts: 3

Posted:

I purchased a home 4 years ago. When I purchased the home, the driveway had a crack and was raised due to a tree root coming from my neighbors tree. She has submitted an ARA to have the tree removed and the HOA denied her request. I am now getting threatening letters from the HOA telling me that I need to replace the driveway. Can the HOA be held responsible for not allowing the tree to be removed? I can't see spending $2500 on a driveway that is just going to crack again over time due to an Oak tree being planted right next to the driveway. All comments will be greatly appreciated. Thank you.

TimB4 (Virginia)
Posts: 20,986

Posted:

David,

I'll do some more research later and post again.

My initial response is that, if the tree is on your neighbors property, the issue of the tree roots and driveway is between you and your neighbor. The issue of the tree not being allowed to be removed is a fight between your neighbor and the HOA. Do not fight battles that are not yours. You can certainly give support and give statements that your neighbor can use to support their fight.

As for your issue, have you responded to the Associations letters explaining the situation? If you did, what was the Associations response?

MelissaP1 (Alabama)
Posts: 13,734

Posted:

Question? Was your neighbor denied because they wanted the HOA to pay for the removal? What were the circumstances for denial of the request? Can one remove the tree at their cost not the HOA's?

Former HOA President

DavidS68
Posts: 3

Posted:

I have been in talks with them. I am going to an HOA meeting tonight.

DavidS68
Posts: 3

Posted:

No, they were denied outright. She never asked them to pay, she was going to pay and have it removed. In order for her to remove the tree, the HOA has to approve it and they won't.

GlenL
Posts: 5,429

Posted:

You should check with an attorney but I believe you can remove the offending root since it is on your property, which could possibly kill the tree and give your neighbor reason to remove it.

KellyM3 (North Carolina)
Posts: 2,233

Posted:

Glen is the winner!

KellyM3 (North Carolina)
Posts: 2,233

Posted:

A single crack does not rise to the standard of HOA board-issued warning about home maintenance, by the way. I really don't understand 93% of HOAs out there. I think I hate them.

KevinK7 (Florida)
Posts: 1,326

Posted:

What part of the driveway is this cracking an issue? Are they located on your property or on a county right-of-way? In my neighborhood the property between the sidewalk and street is not mine and when an issue arises with the driveway the responsibility to repair or replace is on the government. There was a common misperception that individual homeowner owned that land and the HOA would constantly try to enforce rules regarding that land (like no grass growing in the area).

Likewise, is the tree on right-of-way or the actual property?

Some solutions:

You could poison the tree (or cut the roots) and let it die but the HOA may continue to harass you in the meantime, OR you could buy a bag of concrete and slap it over the cracks as a temporary fix. It will cover the cracks. That is the HOA's biggest contention, right?

AnnH5
Posts: 304

Posted:

I am curious as to what specific deed restriction your community has that says that trees may never be removed and replaced. In my county, the homeowner must not only file a permit for tree removal, but also REPLACE the tree with either the same species OR a species that will have the same characteristics (height, girth, etc) as the removed tree. Not only that, no HOA in Florida can go against the "Florida friendly" statutes concerning landscaping (such as tell the homeowner they can't install Florida friendly landscaping).

KevinK7 (Florida)
Posts: 1,326

Posted:

Quote:

Posted By AnnH5 on 10/18/2013 6:15 PM
I am curious as to what specific deed restriction your community has that says that trees may never be removed and replaced. In my county, the homeowner must not only file a permit for tree removal, but also REPLACE the tree with either the same species OR a species that will have the same characteristics (height, girth, etc) as the removed tree. Not only that, no HOA in Florida can go against the "Florida friendly" statutes concerning landscaping (such as tell the homeowner they can't install Florida friendly landscaping).

Good point about the xeriscaping law.

LarryB13
Posts: 4,089

Posted:

In my legal reading some years ago I came across a case where the court ruled, based on the authorities, that when someone takes control of a situation that they also become responsible for the outcome. I am sorry that I do not have a citation to the case.

It would seem that the HOA has taken control of this situation by preventing the neighbor from removing the tree. The cracked driveway is a direct result of the roots from the tree. As the HOA has decided that the tree must stay they must accept the responsibility for the outcome of their action and repair the cracked driveway.

KevinK7 (Florida)
Posts: 1,326

Posted:

Quote:

Posted By LarryB13 on 10/19/2013 10:56 AM
In my legal reading some years ago I came across a case where the court ruled, based on the authorities, that when someone takes control of a situation that they also become responsible for the outcome. I am sorry that I do not have a citation to the case.

It would seem that the HOA has taken control of this situation by preventing the neighbor from removing the tree. The cracked driveway is a direct result of the roots from the tree. As the HOA has decided that the tree must stay they must accept the responsibility for the outcome of their action and repair the cracked driveway.

Or accept a cracked driveway.

LarryB13
Posts: 4,089

Posted:

Will homeowner's insurance cover a cracked driveway? If so, you could file a claim and let the insurance company duke it out with the HOA over who pays.

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