Damaged Landscape: Who’s Responsible?
Q: The landscaper hired by our HOA for the community damaged a large hedge in our yard that now must be replaced. My HOA says the damage is not their responsibility and that I must resolve the problem myself. Do I have to deal directly with the landscape company? — Jo Ann
A: No, your community association will need to deal with this problem.
The first step was to notify your association about the damage, which you have already done. Your association should arrange for its vendor to fix the issue. If the landscaper does not take responsibility and fix the problem, your association should proceed with the repairs at its expense.
Contractual Obligations
The landscaper has a contract with your HOA, not with you. This means that your HOA is in “privity” with the landscaper and will need to deal with their vendor. After that, they should be able to seek reimbursement for the costs incurred.
Resolving the Issue
If the issue remains unaddressed despite your repeated requests, you can make the necessary repairs and then look to your association for reimbursement. As with any dispute, taking photographs and maintaining detailed notes is essential. If the matter eventually goes to arbitration or court, the outcome will depend on which side the judge believes. Having thorough documentation will be essential in this situation.
Dispute Resolution
Even if your dispute with the association escalates, continue to pay your maintenance dues. The dispute and your responsibility to pay your assessments are separate issues, so you cannot simply deduct the repair cost from what you pay them. Like most things, there are appropriate and inappropriate ways to address issues, and choosing the wrong approach may feel good at the moment but can lead to more significant problems than damaged landscaping.
Conclusion
In conclusion, the responsibility for resolving the issue lies with your community association. As a homeowner, you have already taken the right step by notifying your association about the damage. Now, it is their responsibility to work with the landscaper to fix the problem.
Frequently Asked Questions
Q: What if my HOA refuses to take responsibility for the damage?
A: If your HOA refuses to take responsibility, you can make the necessary repairs and then seek reimbursement from them.
Q: Can I deduct the repair cost from my maintenance dues?
A: No, the dispute and your responsibility to pay your assessments are separate issues, so you cannot deduct the repair cost from what you pay them.
Q: What if the landscaper does not take responsibility for the damage?
A: Your HOA should proceed with the repairs at its expense, and then seek reimbursement from the landscaper.
Q: How do I document the issue?
A: Take photographs and maintain detailed notes of the damage, the notification process, and any subsequent communications with your HOA and the landscaper.
