By Deborah Goonan, Independent American Communities Blog
Last week I told you about another homeowner who has removed a large tree that was damaging his home, but his homeowners association wants him to plant another large tree in his yard. The problem: there’s no room on the small lot with many underground utilities.
This is a different situation. Marbrisa Villas HOA, located in Kissimmee, FL, has been around since 1987, so they also have mature trees. As in the previous report, extensive tree roots are growing near the home and beneath its foundation. That is causing large cracks in the walls and clogging the sewer lines underground.
The terms of Marbrisa’s governing documents apparently require an owner to obtain approval of the Association prior to removing a tree. So Caryn Taylor has reportedly contacted the management company for her HOA numerous times, inquiring about removal of the tree.
Taylor even hired a home inspector to confirm that the tree roots are, in fact, the cause of the cracks in her bedroom wall. But she had received no response from the HOA, until Louis Bolden from Channel 6 news spoke with Frayda Morris of Central Association Management. Now the matter is scheduled to be addressed at the next Board meeting. Hopefully, Taylor’s request to remove the tree will be approved, although the homeowner will likely have to pay for removal, as well as repairs to the home.
Nothing can be simple when an HOA gets involved in regulating what you can and cannot do with your own yard.
Family battles homeowners’ association over tree roots
For those readers wondering whether homeowner’s insurance covers damage caused by tree roots, the answer is, probably not.
If you’re expecting your homeowner’s insurance provider to pay for the cost of repairing such problems, you may be sorely disappointed. Most homeowner’s insurance companies will refuse to cover any damages that don’t arise suddenly or accidentally. In most cases, your insurance company won’t provide you with any compensation unless you can demonstrate that your problem was the result of a defective piece of equipment or weather-related “act of God.” Unfortunately, tree root damage won’t fall into either of these categories.
Law Dictionary: Is Homeowner’s Insurance Responsible for Damage Caused by Tree Roots?
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