liable for minor damage to patio by tree roots

Started by JoannS • 7 replies • 2633 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JoannS (California)
Posts: 2

Posted:

We have a number of very large trees that have gotten out of control with the roots and apparently are going under a retaining wall to a neighbor that is not part of our Association. Her patio is made up of pavers about 20 by 40 feet and two small areas have a little lift that causes some pooling of water. This area doesn't get much rain but she is demanding we dig up her patio and remove the roots and put a new patio down. The cost for this after several bids is around $6000. There are about 12 homes along this wall and I am concerned with all of them asking for this once they see we have done it for one. I have been off the board for the last 2 years and just got back on and found out about this. I just had someone look to give us a bid to fix not replace but it will be dependent on the ability to get the same pavers in case any break.
I am trying to find out how liable we really are since the damage is minor and the patio was built in 2001 when the trees were already big.
Would I need to contact a lawyer? Are we liable for the whole patio which shows no damage just a few pavers a little higher than the others but wouldn't even be noticible to anyone that didn't know there was an issue?

Since the pavers are in dirt some of the issue might be her own but we wouldn't know until they were removed and we could see if the tree roots are te issue. Should we put something in the contract to say if we find the tree roots aren't the issue than she is responsible for the cost?

JoeW1 (New York)
Posts: 728

Posted:

JoannS - First, I have a bachelor's degree majoring in Environmental Planning & Design, I am an advocate of trees and their benefit to the environment. However, more important that planting trees is choosing the right tree for the right location. And to the objections of some, there is a time and place for tree removal. Your post demonstrates the future impact that trees can have upon the landscape, structures, and elements around them. You have "a number of very large trees that have gotten out of control with the roots...". These trees are on Association property and have grown under a retaining wall. These trees could impact 12 homes, one of which will cost apprx. $6,000 to rectify. Curious what types of trees these are. Are the leaves oblong and many on one stem. Do the leaves turn brilliant yellow in fall, and are there black crescent moon shapped fruits that hang down? If so, they may be Gleditsia Triancanthus, or Honey Locusts. Their root systems can be rather invasive.

Be that as it may, let's say there was only one home, not 12. Would you do the work? If the answer is yes that presents an interesting quandry mitigating cost vs. doing what's right and wrong. I think the answer lies somewhere in between the two extremes. With emphasis on how to prevent damage in the future. My reaction would be the Association is liable to maintain their landscape, bottom line. I would discuss removing the trees if possible, with the Board and consider the impact removal would have on the view of the neighbors. I would try to trace the roots under the currently damaged patio back to the originating tree and definately remove that tree and grind down any roots. I would try to do a less invasive patio removal. Consider putting in a raised brick planting bed in the area where bricks are removed, this may avoid the problem with matching old and new pavers. Offer to buy the owner some flats of flowers to make her happy if the deal needs to be sweetened.

Even if there was a course of gravel and sand under the pavers the roots would find their way to the source of water. That is what roots do to survive and support the tree trunk and branch structure. Yes you should put something into the contract to protect the Association. Try to avoid getting an attorney, and making a big deal about it. If you can cut down all the trees that are the same species as the one causing the damage and satisfy the 1 in 12 that has a problem, you may save much more in the future.

JoannS (California)
Posts: 2

Posted:

thank you for your answer. I didn't want to get to wordy in my message. We have already gotten bids to remove the trees and they are ficus. Thy are down both sides of the complex but on the one side is a street beyond the wall. I want to do the right thing but also don't want to do more than we have to. The homeowner who is not part of our complex wants the patio exactly as it is. She wouldn't hear of any changes and wasn't happy that I was looking at fixing instead of replacing. There is also another area that isn't damaged that is another patio area in her backyard that isn't damaged but would require us to match if we changed it all out. I am trying to make sure I look at all aspects of this for our homeowners board. If our tree roots have damaged her patio then we will do the right thing. I dont' know the law and wanted to make sure we were completly liable or should some of this be her responsiblity. You really wouldn't even see any thing wrong if you didn't know and we are going to remove the trees and plant something else that doesn't have the same root issues. I really think she just wants a new patio.
This isn't about not doing the right thing just making sure what we are suppose to do.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Do you know how big the Ficus can get? In 10 years, they could travel to New York. I love trees so much but Ficus are the devils of treedom. Cut them down.

GlenL (Ohio)
Posts: 5,491

Posted:

IMO asking an attorney or your insurance provider about the scope of your liability is not making a big deal of it; you're just finding out what your liability is. If it can be repaired vs. replacement there is nothing wrong with that if it can be put back the way it was before the root encroached on her property and you may only have limited liability in the matter. The fact of the matter is the other homeowner deserves to be made whole. For just what that entails you need competent advice.

Trying to rectify this yourself is like home dentistry, foolhardy and dangerous. Say the wrong thing in front of witnesses or if they record you and your Association could be on the hook for more than you think. If the situation was reversed and it was her tree that damaged your property, what would you do? Would you laugh it off and accept the repairs she wanted to make or would you want it to be replaced to your standards?

Studies show that 5 out of 4 people have problems with fractions

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GlenL: good post. We, HOA residents, do sometimes forget that if 'the shoe was on the other foot' how would we want it handled?

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By GlenL on 09/29/2007 5:01 PM
IMO asking an attorney or your insurance provider about the scope of your liability is not making a big deal of it; you're just finding out what your liability is.

GlenL - I stated, "Try to avoid getting an attorney, and making a big deal about it." I never stated getting an attorney wasn't necessary, but try to avoid getting one.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

JoannS: It is right to fix the damage the association's tree caused. IMO, the community is responsible only to fix/repair the area to what it was prior to the tree disturbing it.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here