homeowners' association

What is the name of your state? nevada
I own a townhouse within a gated community. I pay a monthly association fee. part of the fee pays for landscaping. there is a tree on the common area next to my driveway, it's roots have caused my driveway to crack and heave. the association wants me to fix the driveway. aren't they the owners of the tree and as such responsible for the damage to my driveway. if I fix the driveway and have to cut away the roots and the tree dies can they sue me for the cost of replacing the tree? Thanks, Tony

[HomeGuru]

[quote]Originally posted by tonymonte
[b]What is the name of your state? nevada
I own a townhouse within a gated community. I pay a monthly association fee. part of the fee pays for landscaping. there is a tree on the common area next to my driveway, it's roots have caused my driveway to crack and heave. the association wants me to fix the driveway. aren't they the owners of the tree and as such responsible for the damage to my driveway. if I fix the driveway and have to cut away the roots and the tree dies can they sue me for the cost of replacing the tree? Thanks, Tony

**A: if the driveway is a common area, the HOA is responsible.
If you are responsible for the repair of your own driveway, the HOA is still responsible for the tree causing the damage.