ChuckH6 (California)
Posts: 5
Posts: 5
Posted:
Hello,
I purchased a house in a Planned Unit Development in September 2016. During an inspection, and midway through escrow, I noticed the back patio concrete had been heaved up and broken apart, as had the concrete driveway, in the front of my house. The culprit was a tree, the only tree in the area, which was planted feet from my property line and adjacent to my property in an HOA âcommon areaâ. Roots from this tree, had travelled, in some cases 60 feet to do their damage.
After the house closed I notified my HOA that this tree had damaged my property and was a present threat to do continued damage. I requested it be taken out. The HOA removed the tree within a few months and at their expense. However, I learned during this process that the HOA, is of the opinion that they have no responsibility for the damages to my property caused by this tree. This is direct contradiction to what the CCRs say and what basic tree law states from the California Civil Code.
The HOA believes they are absolved from any liability because the previous owner, a 100 year handicapped woman, failed to notify the HOA, of the damage, in a timely manner. The underlying message being, that had the HOA been notified, they would have taken immediate action to mitigate damages. Not necessarily the case as you will readâŚ
To add some context to this scenario the HOA, several years ago, partnered with one property owners on the very same issue. In other words, the HOA split the costs to repour a driveway and âblockâ the tree roots from encroaching under the driveway ever again. The participating owner told me she split the totals costs of same with the HOA. Why she split the costs is beyond me, when it was 100%, the responsibility of the HOA, to maintain that tree.
On another corner and across the street from me is a property that in 5 to 10 years, will have the same damage as my property and for the same exact reason. This particular house has the same sized tree, in the same location [relative to her house], and is exhibits roots traveling above and below ground, entering her backyard and drive way areas.
The conclusion drawn hear is the HOA does not appear to be too concerned about mitigating tree root issues throughout the development. They do not seem to believe that roots from trees in common areas are their responsibility to manage.
Is my legal right to seek remedy for damages by the HOA now invalidated in anyway because the damage occurred prior to my ownership of property? Are my rights invalidated because the previous owner did not notify the HOA of damaged occurring over the past few years? How can I be sure the previous owner did not notify the HOA and they HOA stonewalled her until she passed?
Can anyone speak to the timing issue here? I have not read any tree law or CCRs that exempt HOAâs from responsibility/liability just because they werenât notified of damages caused by roots from their trees. The CCRs has no such contingencies.
Thank you
I purchased a house in a Planned Unit Development in September 2016. During an inspection, and midway through escrow, I noticed the back patio concrete had been heaved up and broken apart, as had the concrete driveway, in the front of my house. The culprit was a tree, the only tree in the area, which was planted feet from my property line and adjacent to my property in an HOA âcommon areaâ. Roots from this tree, had travelled, in some cases 60 feet to do their damage.
After the house closed I notified my HOA that this tree had damaged my property and was a present threat to do continued damage. I requested it be taken out. The HOA removed the tree within a few months and at their expense. However, I learned during this process that the HOA, is of the opinion that they have no responsibility for the damages to my property caused by this tree. This is direct contradiction to what the CCRs say and what basic tree law states from the California Civil Code.
The HOA believes they are absolved from any liability because the previous owner, a 100 year handicapped woman, failed to notify the HOA, of the damage, in a timely manner. The underlying message being, that had the HOA been notified, they would have taken immediate action to mitigate damages. Not necessarily the case as you will readâŚ
To add some context to this scenario the HOA, several years ago, partnered with one property owners on the very same issue. In other words, the HOA split the costs to repour a driveway and âblockâ the tree roots from encroaching under the driveway ever again. The participating owner told me she split the totals costs of same with the HOA. Why she split the costs is beyond me, when it was 100%, the responsibility of the HOA, to maintain that tree.
On another corner and across the street from me is a property that in 5 to 10 years, will have the same damage as my property and for the same exact reason. This particular house has the same sized tree, in the same location [relative to her house], and is exhibits roots traveling above and below ground, entering her backyard and drive way areas.
The conclusion drawn hear is the HOA does not appear to be too concerned about mitigating tree root issues throughout the development. They do not seem to believe that roots from trees in common areas are their responsibility to manage.
Is my legal right to seek remedy for damages by the HOA now invalidated in anyway because the damage occurred prior to my ownership of property? Are my rights invalidated because the previous owner did not notify the HOA of damaged occurring over the past few years? How can I be sure the previous owner did not notify the HOA and they HOA stonewalled her until she passed?
Can anyone speak to the timing issue here? I have not read any tree law or CCRs that exempt HOAâs from responsibility/liability just because they werenât notified of damages caused by roots from their trees. The CCRs has no such contingencies.
Thank you
