Can a Homeowner sue the Association

Started by DeborahP • 10 replies • 4751 views

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DeborahP (Michigan)
Posts: 1

Posted:

Hello

Our Subdivision is comprised of 102 homeowners. The roads in the sub are private and dues are collected mainly for road maintainance. One of the homeowners in the sub has a tree that he states is dead and is a hazard if it falls (it would fall on his house). The tree is on the edge of his property and is considered on the "easement". He states that if the tree is not taken down he will "not hesitate to sue" for damages it causes. This same homeowner has also complained when the plowing during the winter damages his grass which is also on the easement. It seems that it is the Association's problem with the tree because it is "our" easement and then with plowing damage "his" property. Does anyone know if a homeowner can actually sue the Association of which they are a part? Isn't this like sueing yourself? I would appreciate any comments on this matter.

Thank you,

CharlesW1 (Georgia)
Posts: 826

Posted:

DeborahP,

I’m certain someone will correct me “IF” I’m wrong. I believe that, if indeed the tree in question is the responsibility of the association,then the board should properly remove the tree, before it does fall on his house and then the entire association MUST deal with the unsightly appearance of his property while it is being fixed and not to mention the expense.

Avoid his threats and resolve the situation. Again “IF” the tree is indeed your responsibility otherwise, inform him of just that.

Good luck.

Chuck W

Charles E. Wafer Jr.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Sure, homeowners can sue an HOA. I know lots of people like to say it's like suing yourself, but, if I'm not mistaken, so is suing for divorce, but sometimes ya just gotta do what ya gotta do.

Now, can this homeowner sue the HOA and WIN? That's another question altogether.

I agree with Charles, if the tree is on the HOA-responsible property, then it should do the right thing and take care of the potential hazard.

Who planted the tree? Who mows the grass in the area that the tree grows in?

If those questions are unknowns, then it might be in the best interests of all parties to get a formal survey (they generally aren't that expensive and the question will be resolved) to confirm who actually owns the area in question.

In our HOA, there is a 10-foot wide area in between 2 particular lots that is an "access" strip that the HOA uses to access a common area behind that particular row of houses.

We cut that 10-foot strip and we are responsible for any trees growing on it.

But, we know exactly where that 10-foot wide swath is delineated. It was worth marking just for that type of reason.

BrianB (California)
Posts: 2,820

Posted:

you need to completely understand the legal situation around the land you say you have "easement" on.
In general, easement is simply a right to access and use, given by a property owner to another entity. the entity can ACCESS and do their business in the area granted, and the owner cannot prevent them from doing said business.

So, if i take what you say at face value, the HOA has easement in the area, and can access it to do HOA business. However, the homeowner is actually responsible for maintaining it, etc. for instance, HE could cut the tree down, it's on his property. If cutting the tree/trimming it back from power lines was necessary part of HOA business, the HOA could ALSO do that as part of the easement rights. However, the HOA is not responsible for the care of the tree, just the business aspect of protecting the HOA business rights.

Could he sue for your road blades killing his grass? perhaps... You have the right to USE his easement, but I am not sure that would extend to simply killing everything there through neglect.

it's complicated... here's a bit from an online legal dictionary...

A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as a right of way. In addition, property owners commonly grant easements for the placement of utility poles, utility trenches, water lines or sewer lines. The owner of property that is subject to an easement is said to be "burdened" with the easement, because he or she is not allowed to interfere with its use. For example, if the deed to John's property permits Sue to travel across John's main road to reach her own home, John cannot do anything to block the road. On the other hand, Sue cannot do anything that exceeds the scope of her easement, such as widening the roadway.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Can a homeowner sue the Association? Yes. Is it like suing yourself? Not entirely - it's like suing yourself and ALL of your other neighbors.

As for the tree, whose responsibility is it? Is it on land that is owned by the homeowner? I think whether or not there is a "easement" has nothing to do with it. It depends on who, in fact, owns the tree. Did the Association plant it there? An easement merely means that you have granted the right for someone else to use your property and the agreement has been recorded so that it remains with the land. It doesn't mean that someone else is responsible for what is on the land for which the easment applies, unless the person who is using the land placed it there.

For example, suppose you own a piece of property, but in order for your neighbor to reach his land from the street, you grant an easment to your neighbor to use a portion of your driveway. That doesn't mean your neighbor is now responsible for maintaining that portion of the driveway he/she uses. You, as the owner, still are responsible for it. However, suppose you grant your neighbor an easment to cross your land and your neighbor puts in a driveway. Since your neighbor placed it there, your neighbor is responsible for maintaining it.

Check your real estate laws. You probably won't find anything about easments in your HOA laws. Maybe there is something about it in your governing documents.

MaryA1 (Arizona)
Posts: 7,043

Posted:

In my former assn there were easements bordering two properties, both on a corner. The HOA did not own the property nor did the homeowners; however, it was the resp. of the homeowners to maintain. Incidentally there 3 other easements for 3 other corner houses that were maintained by the HOA because the HOA had landscaped those areas. This easement also was not owned by HOA nor the homeowner. I believe these were roadway easements and they were not used to provided access for anyone or to anything; they were just narrow strips along the road. I would say the key here is not so much who owns the easement but who is resp. for maintaining it.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Mary,
I agree. As you said, "Incidentally there 3 other easements for 3 other corner houses that were maintained by the HOA because the HOA had landscaped those areas." As I said in a previous post, who is responsible for maintainance depends on who put "whatever" on the easement, not on who owns the property. In the case you mentioned, the HOA is responsible for maintaining the landscaping because they put it there.

EllenS1 (Florida)
Posts: 1,148

Posted:

I've been in the legal field for over 25 years and will say anyone can sue anyone for anything. But will they be willing to incur the costs, etc.? One can sue their own Association..this is what their insurance covers but I doubt a single homeowner will do this because the cost of the lawsuit will far outweigh the benefit. I have to laugh when someone threatens a lawsuit..I would tell him to go for it. Now, if there are serious complaints a class action might be possible but I doubt one tree or his grass will stir up the community to go for a class action suit.

This guy sounds like a blowhard. Tell him to take his best shot.

SusanW1 (Michigan)
Posts: 5,202

Posted:

A home property survey will reveal where his property boundaries are. The subdivision owns and should maintain the roads and the easements on the sides of the roads.

Our HOA went around and cut down 52 dead elm trees this year, all on the easements. People like me, who had huge trees just inside my property line, had to bite the bullet and pay for the dead trees to be cut down.

Your HOA should know exactly where your boundaries area so it can figure out exactly what your liability is.

PatR (Florida)
Posts: 139

Posted:

This just passed in FL.....

Boards can't use association money to file lawsuits against owners who speak out about association issues. (995)

SidneyP (Florida)
Posts: 302

Posted:

PatR....995 was a great success for condo's but boy do HOA's need some reform...that change isn't for us...

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