Question:
I was forced to get a survey done on my property lines by the HOA and pay for it, after living and owning my house since 1999, I found that My property boundaries are encroaching on the common HOA area, about 10 feet in, HOA issued a cease-and-desist violation since Feb 22, 2024. What are my rights and do I have a case to sue the HOA? since they are taking their time to make a decision, and halted my project of replacing my back yard fence which broke by a falling HOA tree branch encroaching into my backyard. Pls advise.
– Mike
Answer:
Hi Mike,
The encroachment may be considered a temporary encroachment if the encroaching property involves only a fence, which may require you to move the fence within your property’s boundary lines. However, there may be adverse possession laws that may need to be considered since the encroachment has been going on for several years. It may be wise to consult an attorney to help you understand the laws in place and how they affect your situation.
Apart from this, the HOA may hold responsibility if the tree that damaged your property belongs to the HOA and the branch fell as a result of neglect. You may need to review the governing documents and understand what they say about trees, who is responsible for damages caused by trees, and property encroachment issues. A lawyer may also be able to help you in this regard.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
