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Common area trees cracked MY property

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SDiego92129

Junior Member
What is the name of your state?California.
Our HOA CC&R's say that the HOA is to maintain the common area. Three trees have roots that have grown under my home. They have cracked my driveway and caused it to raise up about 3/4 inch, causing a hazard. Other roots have grown under my patio, causing similar hazards. I have tried getting the attention of the board and property mgr several times, in writing, also having them come to my home to see the damage. They have done nothing for 2 years. They keep stalling, they forget a bout it, they get bids, then say bids are too high, they use the excuse that they changed property managers one year ago and paperwork is missing. I have all my letters! How can I get them to help me? Do I have to pay an attorney? If so, what will the attorney do and what will he/she want to know from me? I am angry and frustrated.How can I avoid a court battle and a lot of expense? Isn't there a way to knock some sense into these people?
 


Ummonx

Member
Condo laws are notoriously one sided. Lawsuits are tough, and withholding your dues will get you nothing but late fees and liens against your home. Your best bet is to get a group of like minded people together and unseat the the members of the board. Most condo boards rely on apathy to keep in power. with as little as 10 people you usualy can get at least one of your candidates in.
 

HomeGuru

Senior Member
SDiego92129 said:
What is the name of your state?California.
Our HOA CC&R's say that the HOA is to maintain the common area. Three trees have roots that have grown under my home. They have cracked my driveway and caused it to raise up about 3/4 inch, causing a hazard. Other roots have grown under my patio, causing similar hazards. I have tried getting the attention of the board and property mgr several times, in writing, also having them come to my home to see the damage. They have done nothing for 2 years. They keep stalling, they forget a bout it, they get bids, then say bids are too high, they use the excuse that they changed property managers one year ago and paperwork is missing. I have all my letters! How can I get them to help me? Do I have to pay an attorney? If so, what will the attorney do and what will he/she want to know from me? I am angry and frustrated.How can I avoid a court battle and a lot of expense? Isn't there a way to knock some sense into these people?
**A: call and reserve to make sure you are scheduled to speak at the next BOD or HOA meeitng. Then show up and present your case along with copies of your letters. Demand that your presentation be officially recorded in the meeting minutes and a response/resolution by a certain date.
 

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