Legal Question in Personal Injury in Florida

I am on the board of my HOA. We provide landscaping for residents, and recently have run into issues with sidewalks coming up due to tree roots that were planted by the builder. We have a CDD at our location who state that they have no responsibility to repair these sidewalks as our covenants indicate that "Easch Residential Unit Owner's responsibility for maintaining the landscaping on the Residential Unit shall also include any landscaped area within a right-of-way which is adjacent to and contiguous with the Owner's Residential Unit." Is that right? And if so, would the HOA, as the guarantors of landscaping, be responsible for this?

Asked on 10/14/10, 7:01 am

David Slater David P. Slater, Esq.

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No. A letter should be written to each homeowner advising them of their responsbility.

Answered on 10/23/10, 8:57 pm

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