Sidewalk Repair

I live in Mirabay in Apollo Beach, Florida and have lived in my home since 2011. When I moved into my home there was a relatively small oak tree planted in front of the house in the area between the sidewalk and street. I assume the tree was planted by the developers of the community. The roots of the tree are now causing some uplifting of the sidewalk in front of my house (this was not a problem when I moved in five years ago). Of note, the tree is also located about a foot away from two telecommunication utility boxes. I just received a letter from my HOA which states that I need to repair or replace that area of the uplifted sidewalk. From what I have read and understand, the HOA Declaration of Covenants does not specifically mention sidewalks with regards to lot and structure maintenance. Can the HOA force me to pay for the sidewalk repair? Do I have any legal recourse? Thank you.

Determine who owns the tree first. The city could be involved. Which means a whole other list of red tape... Larry gave good advice.

My question to you is: Is it more expensive to seek legal action just to find out in the end your responsible for the repairs? Or better yet, what if the HOA is responsible? Are you ready to pay a special assessment or increase in your dues to cover the expense?

I find your option is best to determine who is responsible for the tree causing the damage. Is it HOA? Is it City? Is it you? Find the costs, pay it, and comply... Suing your HOA is suing yourself and your neighbors. So you will find "fighting" may be a worst scenario in the long run...

I've done some research on this issue and will share some of what I've found out. For background, my association owns the roads and a right of way 25 feet each side from the road centerline. The "as designed" plan has the sidewalks being on the right of way, along with the strip of land between the sidewalk and the road. Generally the edge of the sidewalk away from the street should be along the property boundary but it often varies by a few inches.

On the face of it, it should seem that the association should maintain the sidewalks because they are on association property. In our case the association does, but passing responsibility to the owners is not unknown. In my area, and generally in the Eastern part of the US, local governments maintain sidewalks on public right of way, so it seems natural that HOAs should do the same. Also in our case the documents are silent on the issue.

On the other hand, in California, and somewhat in the West generally, adjoining property owners are responsible for sidewalk maintenance (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=05001-06000&file=5610-5618 and http://homeguides.sfgate.com/sidewalks-considered-homeowners-property-56365.html) even if those sidewalks are on public property.

Barring state or local law saying otherwise, I am not aware of anything that would prevent an association from making adjoining property owners responsible for sidewalk maintenance.