HOA Claims Owners are responsible for Swale Tree Concrete Damage

Started by MarkO4 • 3 replies • 501 views

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MarkO4 (Florida)
Posts: 1

Posted:

Anyone have this issue ...ty

GenoS (Florida)
Posts: 4,276

Posted:

You're going to have to be a lot more specific than that. Start with the Plat of your neighborhood. Where are the lot lines? Where are the trees and swales in relation to those? What do your governing documents say? What, if anything, is written on the Plat itself? My Plat, for instance, as well as most of the subdivision Plats I have seen, contain actual wording re. "The Association has a perpetual maintenance obligation for the stormwater drainage system." A swale is a part of the stormwater drainage system, but the governing documents will probably determine the answer to your question.

SheliaH (Indiana)
Posts: 6,964

Posted:

Much too cryptic - got details like who planted the trees, what type of damage, where were they planted (if they were planted in the common area without permission, that could be a problem)?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Mark,

Sure.

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