Homeowner's private property damaged by common owned tree.

Started by MarieL • 4 replies • 1618 views

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MarieL (Illinois)
Posts: 82

Posted:

a homeowners in our association claims the roots of a common owned tree. planted on common property,damaged her private patio wall. The BOD withouta vote or consent of the homeowners has agreed to pay for those damages with homeowners assessment funds. Can the BOD make this kind of decision to use homeowner assessment funds without vote of approval or consent of the homeowners?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Marie,

Yes the Board can because your documents probably gives them the authority to maintain all common areas (the tree) and any resulting damage that is caused by this common element (the tree).

Your Board is elected to take care of association business, including repair and maintenances of all common elements and damages cause by them. That would include the patio wall.

But before they accept responsibiloity for repairing that wall, I would hope that the Board has had an inspection of the wall by a professional, proving that it was the tree roots that caused the damage before they write a check for the repairs.

MarieL (Illinois)
Posts: 82

Posted:

To Donna S

Should the BOD provide insurance coverages to repair damages by common el;ements? And would a liabuily policy cover damages to private property by roots from a common owned tree??

MarieL (Illinois)
Posts: 82

Posted:

To Donna S

Should the BOD provide insurance coverages to repair damages by common el;ements? And would a liabuily policy cover damages to private property by roots from a common owned tree??

DonnaS (Tennessee)
Posts: 5,671

Posted:

Marie,
One would certainly hope that they have a coverage policy for repairing the wall. Perhaps the deductable is high and it would be better just to pay this from operating or repair funds. Either way, this would NOT normally go to the owners for approval. That is why you have a Board-to take care of these kinds of decisions. It is their fudituary duty to maintain the association according to your documents and that could include making repair decisions.

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