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HOA Liable for my insurance deductable?

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TheRook

Junior Member
This past weekend, sewage water started gushing from my guest bathroom toilet. The water was coming from the washing machine as it was draining. I called the plumber, and he found a Ficus tree had some how found its way into the cap of the "clean out" near my home. The root was trapping any debris that would float by and caused a clog. With no place to go, the water came out of the toilet and I had about 3-4 inches poor into the bathroom and then into the dining room area. The carpet and walls soaked it up like a sponge. I was worried that mildew and odors would be the result, so I called a carpet cleaning company. The plumber cost me about $385 so I was expecting the cleaner to be no more than that. He tore up the carpet and cut away the padding, then installed 4 blowers and a dehumidifier. Because the water had gotten into the walls, the blowers and dehumidifier have to be in place for 4 days. The total cost for this was $1975. I was flabbergasted, but I guess this is covered by my insurance. I do have a $500 deductable and this is the reason for my question. According to the HOA By-Laws, the HOA is responsible for the trimming and upkeep of the shrubs around the grounds. I live in a Townhouse. They arte not responsible for anything that happens under the porperty, which I assume means if a pipe burst. The cleanout is on the outside of the house and the shrubs grow along side the building. Are they liable for the plumbing fee, and if so, are they also liable for the $500 deductable that I have to pay on the insurance? ANy comments would be helpful. This is my first home and my first time ever living with an association. I have rented apartments before this and we have only lived in this home for 2 months. Thank you.

M Vadnais
 


T

Tracey

Guest
I doubt it. "Trimming & upkeep" sounds like it means pruning & disease management, not root-pruning or pipe-snaking. However, the HOA may be liable for planting a ficus tree there in the first place. Are a ficus' roots invasive enough that it's negligent to plant one near water lines? (Willow trees are.) On the other hand, it's only $500 & probably not worth the aggravation to try and collect it. You can send the HOA a letter demanding $500 for negligent landscaping design if you like, but don't bother pursuing it if they blow you off.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

TheRook

Junior Member
The Ficus is a problematic tree that seeks water. It's roots can extend a great distance from the tree to find a water source.

I dont have the By-Laws with me at the moment, but it describes more than just trimming and pruning. They are responisble for the maintenance of the tree.

$500 at the moment is alot of money considering we just bought the place and are still recovering from the downpayment and closing costs. We pay $157 a month to the HOA. Whats this payment for if not to cover such an instance as this?

Thank you for your input. I am new to this whole home ownership thingie.

M Vadnais
 
T

Tracey

Guest
Sue 'em. They planted a problem tree near water/sewer lines. They knew or should have known the ficus is a problem tree & either removed it or stayed on top of the root-pruning requirements.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

TheRook

Junior Member
OK, my next question is... How do I go about it. I'm not asking for a step by step description, but I don't have the slightest idea where to start. I would assume that such a small claim is too small to require a lawyer. I am guessing the first place to start would be to send them a claim for damages and see what their response is? I am a bit naive about the law process, but I consider this an opportunity to learn. Also, thanks for your tips, you have been most helpful.

M Vadnais
 
T

Tracey

Guest
You're on the right track. However, rather than answer the next 17 question you have, :) I'm going to refer you to a Nolo Press book, "How to Win In Small Claims Court". You can borrow it from the library or buy it. It will answer questions you haven't even thought of yet.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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