Tree roots, paver displacement, and disputed responsibility
This case study shows how I reason through a difficult issue that came before the Board. It reflects my position as one director. Board action requires a majority vote and may differ from what I support. Names, addresses and dollar amounts are left out on purpose.
What happened
A homeowner reported that roots from large common-area trees were lifting pavers along the edge of a private backyard patio and asked the Association for a response.
What we know
- The homeowner's photos show roots beneath the affected pavers.
- Landscape contractors who looked at it said roots from the common-area trees may be involved.
- The homeowner says the Association reimbursed trimming of the same trees in 2019 and believes that prior decisions should inform how the Association handles this request.
What we don't know
- Whether the roots are the whole cause of the displacement.
- Pavers can lift for other reasons, such as soil, weather and how they were installed, and the trees pre-date the patio.
- Where reasonable people would land. I think it could fairly be seen either way.
What I weighed
- Preserving the health and value of the common-area trees, which belong to every homeowner.
- Engaging the homeowner in the solution, instead of leaving them to act alone.
- The homeowner's repair cost and safety.
- The time and cost of a prolonged disagreement.
- Possible later costs for tree mitigation or replacement.
- Fairness to every other homeowner.
What I proposed
- The Association pays a share of the repair cost, up to a fixed cap.
- The homeowner may use the Association's landscape contractor or any other licensed contractor.
- Before work begins, the homeowner gives the Association the repair proposal and supporting documentation for its records.
- Any proposal that involves cutting roots includes documentation that the work isn't expected to materially affect the health or structural stability of the trees.
Why a compromise
This isn't about assigning fault. The roots may be involved, but responsibility is disputed and the information available doesn't settle it. Meanwhile, the homeowner's patio and the common-area trees both have value, and both deserve consideration.
Leaving it unresolved risks repairs being done without coordination, which could affect tree health, along with added cost and further disagreement.
How this connects to fair treatment
The next homeowner with a similar situation should get the same questions and the same kind of process. Different outcomes should come from different facts, not from different neighbors.