Do you live in a home governed by a condominium, co-op or home owners association? Do you have questions about what they can and can’t do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Question: I live in a home governed by a home owner’s association. I recently looked at my property plat survey and it seems to indicate that my property line does not extend to the edge of my lawn that meets the sidewalk. Between my property line and the sidewalk was an oak tree planted by the developer. This tree, now 38 years old, has grown huge roots that have grown over the lawn at my property line, broken by water pipes and impacting the growth in my flower beds.
I am familiar with the laws when a neighbor’s tree damages your property that you are responsible unless they are negligent.
An arborist told me that if trees are not trimmed closely, the roots usually extend as far as the tree’s limbs. Over the years the association has included in our assessment the cost of trimming the light just before hurricane season. So, these trees are huge, and the roots can extend 10-15 feet into my property.
Is there any way I can make them cut the tree or pay for the damages to my property? Signed, SS
When oak tree roots cross property lines, who should pay for the damage?
Dear SS.,
I think you have a strong argument. As you correctly say, the association is generally not responsible for branches or roots that extend onto your property. You are personally allowed to cut them; and I think that includes the roots as well, although extensive root pruning on just your side of the property line is likely to destabilize the tree (which frankly is a risk with any extensive root pruning).
You would need to argue somehow that the association was negligent in allowing this tree to grow without much pruning of the canopy to keep the roots compact. I’m not an arborist but I’ve never seen anyone cut down an oak tree like this — at one point it almost came close to cutting off the hats. Oak trees have large natural canopies.
Many communities have these large oaks lining their streets, and the canopies can look quite beautiful when they touch and create that ideal, idyllic tunnel of trees. But there’s no doubt that they cause a lot of damage to sidewalks and highways — but typically, repairing that damage from time to time is just a necessary evil.
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods – The Consumer’s Guide to Condominium, Co-Op and HOA Living.” Email your questions to condocolumn@gmail.com. Please make sure to include your location.
This article originally appeared on Palm Beach Post: Oak tree in neighborhood HOA breaks owner’s water pipes. Who pays?