What is the name of your state (only U.S. law)? Florida
My HOA cited me to repair my driveway which has been lifted about 1-2 inches at the bottom. This was caused by a huge tree at the base (near sidewalk). I completed all the paperwork to have 1-tree removed 2-driveway replaced. Please note that the driveway has a crack 3/4 across the driveway. Every driveway repair person wants to replace the entire driveway. The cause is the tree which must be removed. About a year later, after all the estimates, approval etc. - resubmission of missing paperwork 3 times, etc. and change of HOA Mgmt companies... My tree company could not commit on a date to remove the tree, I called the HOA Mgmt co. which is now a different company. They state, oh, let us come see the tree. A week later, they state, the tree is our responsibility but you need to fix the driveway. The individual in the office, said someone else had the same issue and they were an attorney and the Builder put the tree in , so the HOA will remove the tree. My question , isn't the HOA responsible for fixing my driveway? If the tree was their responsibility, if they had removed it sooner, the driveway would not of been damaged. I need to know if I should obtain an attorney or where in the HOA documents I need to look to remedy this issue. I want to do what is correct. Please advice how to proceed.
My HOA cited me to repair my driveway which has been lifted about 1-2 inches at the bottom. This was caused by a huge tree at the base (near sidewalk). I completed all the paperwork to have 1-tree removed 2-driveway replaced. Please note that the driveway has a crack 3/4 across the driveway. Every driveway repair person wants to replace the entire driveway. The cause is the tree which must be removed. About a year later, after all the estimates, approval etc. - resubmission of missing paperwork 3 times, etc. and change of HOA Mgmt companies... My tree company could not commit on a date to remove the tree, I called the HOA Mgmt co. which is now a different company. They state, oh, let us come see the tree. A week later, they state, the tree is our responsibility but you need to fix the driveway. The individual in the office, said someone else had the same issue and they were an attorney and the Builder put the tree in , so the HOA will remove the tree. My question , isn't the HOA responsible for fixing my driveway? If the tree was their responsibility, if they had removed it sooner, the driveway would not of been damaged. I need to know if I should obtain an attorney or where in the HOA documents I need to look to remedy this issue. I want to do what is correct. Please advice how to proceed.