Unit driveway repair

Started by VonO • 10 replies • 471 views

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VonO (California)
Posts: 4

Posted:

About 10 years ago my association let a tree in a community grass area get to large a root lifted one of the 4 panels of my driveway. The association shaves about 2 inches off about 2 feet of my slab to eliminate the tripping hazard. No the tree is removed and the root has rotted away and my driveway has resettled creating a reverse tripping hazard. No the association tells me that it is my responsibility to pay 10k to replace driveway. All I really want is a fill in of the gap on driveway. Do I have any recourse. They after all caused the damage

SheliaH (Indiana)
Posts: 6,964

Posted:

That's a question for your insurance company - and maybe your attorney. That said, this started 10 years ago - hadn't you noticed the driveway was beginning to settle - that couldn't have happened overnight (and what's a reverse tripping hazard??)

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

VonO (California)
Posts: 4

Posted:

10 years ago they shaved the protruding part of the slab off. It wasn't but 4 or 5byears ago they removed the tree. It took quite a while for it to settle. I have been traveling 50% for work the last three years. My truck used to sit on top of it so I really never noticed until I got a smaller car and I have tripped a couple of time due to covid lock down. I really would like them to just fill in with a leveling agent. The basic driveway is in otherwise good shape.

SheliaH (Indiana)
Posts: 6,964

Posted:

Not to be mean, but your traveling and not noticing the problem isn't really the HOA's issue. That said, have you had a concrete expert look at your driveway to see if this leveling agent will be enough to fix the problem? You don't want something else to happen, so if he or she agrees this will fix it, get an estimate and propose splitting the cost with the association. Apparently, someone thought that simply getting rid of the tree would fix it, but it sounds like they forgot about the roots, which are twice as long as the tree is tall and they can still cause problems. Under those circumstances, it would make sense for them to at least split the costs.

You might also suggest that the board hire an arborist to take a look around the community and see if there aren't other trees in positions to cause a lot of trouble like this and perhaps a little more. Those trees may need to be pruned or cut down so the association doesn't wind up with thousands of dollars of repairs (my community found this out the hard way, as we also have lots of trees that were causing tree root issues in the sewers).

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

LetA (Nevada)
Posts: 2,679

Posted:

Who maintains the tree i.e. the watering and pruning? If the association does, then they should pay to repour your driveway slab.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Von

The fact that the association did work on the problem is admitting they own the problem. Now what you have to do is come up with a plan that you like to correct the problem and submit it to the BOD.

VonO (California)
Posts: 4

Posted:

The HOA is responsible for gardener, water and trimming trees. I requested a repair because I know they recently did work on another driveway and they said they got three bids each around 10k each and they said they are not responsible. I have asked them to provide reasons why they did my original repair and now will not make the correction. Honestly it just needs to have some leveler poured into it, like a handyman level work. The other 3 slabs are fine only small line cracks. Like any large slabs in California.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By VonO on 04/10/2021 12:44 PM
The HOA is responsible for gardener, water and trimming trees. I requested a repair because I know they recently did work on another driveway and they said they got three bids each around 10k each and they said they are not responsible. I have asked them to provide reasons why they did my original repair and now will not make the correction. Honestly it just needs to have some leveler poured into it, like a handyman level work. The other 3 slabs are fine only small line cracks. Like any large slabs in California.

Sounds like you need to consult with an attorney. The attorney will write a well worded letter that would make your HOA understand their responsibility. Trust me, no HOA wants to pay a few hundred dollars to play paper tag with attorneys. They would lose more if they would just pay to fix the problem.

JeffT2 (Iowa)
Posts: 880

Posted:

Have you looked into mud jacking or Polyurethane Foam Raising?

VonO (California)
Posts: 4

Posted:

yep I think that pretty much is next up.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By VonO on 04/09/2021 3:54 PM
About 10 years ago my association let a tree in a community grass area get to large a root lifted one of the 4 panels of my driveway. The association shaves about 2 inches off about 2 feet of my slab to eliminate the tripping hazard. No the tree is removed and the root has rotted away and my driveway has resettled creating a reverse tripping hazard. No the association tells me that it is my responsibility to pay 10k to replace driveway. All I really want is a fill in of the gap on driveway. Do I have any recourse. They after all caused the damage

I do not think the proof is all that great to contend that a disintegrated tree root, and especially the root of this particular (now removed) tree, is causing the settling. The possible causes of an uneven driveway are more than one.

The cost of paying an attorney to study the governing documents and any relevant law may exceed the cost to the OP of arranging for re-leveling the driveway him- or herself.

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