I received a letter from the city saying that I am in violation of codes because my tree roots are pushing the sidewalk. I have the option to repair it myself or pay them (they send me a work order including 96SF of "sidewalk" and 30SF of "tree roots removal for sidewalk area"). I didn't plant the tree, it may have been done by the developer. The area is maintained by an HOA, shouldn't they be the ones paying for it?

If you have been in a similar situation and can offer any advice, please share it. Here is the picture they attach.
Thank you.

Correct, refer it to HOA.

just be prepared if HOA tries to push it back on you

Who is responsible for the exterior (the yard) of the property? If it's the HOA, then be sure to respond to the city in writing that you have referred the matter to the HOA who is responsible for the exterior/landscaping and provide them with a contact. You don't want the city to lien your property for non-compliance if the HOA drags this out. Then submit a claim to the HOA for resolution.

Hope this helps...

@Julio Garcia : Thanks, and if they "push back," how do I proceed? I haven't contacted them yet, but I want to be prepared.

@Patricia Steiner : Thanks, so would you talk to the HOA at all or just write? I assume that for the city it is better to simply put it in writing?

@Maria G.

Put it in writing (either email or paper); provide copies of the city's letter as well as the HOA covenant that pertains to the exterior space. Send your letter with the attachments to both the city and the HOA. Note the contact at both the city and HOA in the letter. With that, you have directed the two parties to each other for resolution.

Don't let the HOA push this back on you. If the HOA is responsible for the exterior space/landscaping - and you have walls in responsibility - that tree and its roots are clearly located in HOA-land. And, remember - you are the HOA (a percentage of it as an owner).  Don't ask, just show and tell - and leave it where it belongs. The city can deal with the HOA after that.

Best...

Exactly what Patricia is saying- document and stand your ground. 

if all else fails and somehow you're responsible for fixing it, then you should reach out to concrete ppl in your area and look into getting thr tree removed. BTW tree removal can be very expensive so shop around 

Great response Patricia. 

Just because the HOA takes care of exterior maintenance does not mean this absolutely falls under their responsibilities. It is dependent on what is in the HOA documents. Every HOA is different. You need to read your HOA documents first @Maria G.

This is what I find regarding trees in the CC&Rs.

This article:

was amended to this:

The next article has other owner responsibilities:

but nothing explicit about sidewalks. I did a search on the document and could not find anything like that.

I would say this falls on your responsibility.

Where is the tree located? The HOA documents list areas they are responsible for.

Talk to a paving company and ask how much to repair the broken parts of the side walk.  If the problem is the sidewalk is a tripping hazard, they may be able to grind it down.

@Mark Gallagher : Thanks, Mark. What from the CC&Rs make you think so? 

You may also want to investigate your municipality’s exact rules on who owns/maintains that particular space.  It looks like the tree sits on the hellstrip (the space between the sidewalk and the road) and that area is handled differently depending on local laws.  

Think you're stuck, HOA or no. If it is NOT a condo (i.e. land is held in common), then the HOA probably just puts restrictions on stuff like paint colors, roofing material, etc in the CCNR.

If you own your land fee simple, then in most places you own to the middle of the street.  However, you have dedicated a portion (including the sidewalk) to the public right-of-way.

This means you're responsible for maintenance (ie paying for) of sidewalks and sometimes street repairs.

I would jump to no conclusion on what the HOA is responsible for. Some HOA are responsible for everything exterior, including siding, roof, cement, etc. That is common with condominiums. Other HOA are just responsible for lawn care. Some HOA are mainly just for common areas like a pool or park maintained and do nothing on the property itself. Based on what you provided, it looks like the sidewalk is your responsibility.

I have had to do sidewalk work for similar issues many times over the years. If it is just a raised lip on the sidewalk, you can have a concrete company grind down the edge. It will last several years and it is very cheap to have it done. The city generally goes for full replacement automatically, so if you can avoid it by grinding, it is far better.

When I have had to have panels replaced, I got quotes from contractors and found most of them had minimum charges. They don't want to do small jobs. In that case it may be cheaper to just have the city do the job. They are contracting to have hundreds of square feet done, so they have economy of scale. 

I would not remove the tree. You would be better off replacing the sidewalk piece every ten years, if you even own the house next time. Trees add value. Besides, I thought Californians were environmentally conscious, haha.

I would not remove the tree. 

Good point, in Portland, you'll need a city arborist and at a min to replace the tree if not with multiple trees.

God, I wish I had that kind of power.

Send them a letter stating their improvements are inhibiting your landscape's true potential. 

I gave the city a call and a very nice manager in Public Works told me that any time they give these notices it is because somebody made a report of a trip hazard, they never look for those themselves. They also said I would need to check with the HOA. I plan to call them next, but by now, what I see in the CC&Rs is what I added to my previous post. I am positive that they maintain the landscaping and the front yards because I have it in my notes from long ago. Now, I am not sure about this particular case.

@Joe Splitrock : I am not given a choice to keep the tree, the work order includes a "tree removal and stump grinding." They said there are two organizations that will find for a replacement tree for me, if I want it.

@Clint Shelley : A letter to the HOA?

I wouldn't do anything unless they file a suit on you. In my experience, usually the city will trim the roots or remove the tree and repair the sw themselves. You probably could be liable if your tree is causing damage to their improvements. Where is the right of way? where does your property start? Is the tree on your land or in the cities row? That is the first thing you need to find out. Hire a surveyor.

Clint

@Clint Shelley : The tree is in front of my property, between the sidewalk and the curb. It doesn't belong to the city. It was probably planted by the developer.

@Maria G.

Likely in the ROW. Probably planted due to the city"s tree ordinance. Call the landscape architect who worked with the subdivision design company. They can tell you more about it. This situation has happened before, and there is probably case law on the books. It's likely once the street was dedicated the tree became the cities anyway. It wouldn't do squat. Tell themnyou don't have any money and to piss off.

Clint

Hello everyone,

I have been able to find that even though the tree is located between the sidewalk and the curb, the city has my property lot end at the back of the curb, and no other HOA property appear around my lot. So apparently, both the tree and the pavers are in my lot. I guess at this point, despite of your (and my!) hopes, it seems I will be responsible for the repair of the sidewalk that the city is requiring. If there are any other ideas out there, please share them.

The homeowners manual was really vague and just read: "The common areas and facilities that the Association is responsible to maintain include a four foot wide landscape strip on the residential lots which lies behind the garages, the streets, walkways, landscaping, etc." No idea what that "four foot wide strip" is.

Many thanks!

@Maria G.

Maria,

Where is your property line? You really should know where your property ends. If you don't, you really cannot contest anything. If the sub regs or hoa don't have any stipulations about private residents maintaining public infrastructure, why on Earth would you be responsible for it? That seems absurd to me but I know how municipalities love to shake down their residents. It's your money, but I wouldn't just give in. Best of luck.

Clint

Originally posted by @Maria G. :

Hello everyone,

I have been able to find that even though the tree is located between the sidewalk and the curb, the city has my property lot end at the back of the curb, and no other HOA property appear around my lot. So apparently, both the tree and the pavers are in my lot. I guess at this point, despite of your (and my!) hopes, it seems I will be responsible for the repair of the sidewalk that the city is requiring. If there are any other ideas out there, please share them.

The homeowners manual was really vague and just read: "The common areas and facilities that the Association is responsible to maintain include a four foot wide landscape strip on the residential lots which lies behind the garages, the streets, walkways, landscaping, etc." No idea what that "four foot wide strip" is.

Many thanks!

To ensure you cover yourself, send a letter to the HOA with a copy of the letter from the city and your plan. Tell them you want it in writing that you can proceed with your plan. If it is only a small part of the sidewalk that is affected, you shouldn't have to replace the whole thing.

From the photo in your first post, it doesn't look like there is much (any) damage from the tree.

@Maria G. After reading your excerpts it would seem you are responsible since they have designated their responsibility and you are in charge of everything else not mentioned specifically. JMHO.