Legal Question in Consumer Law in Nevada

My mother's home in the Del Webb community of Sun City Summerlin in North Las Vegas is selling and currently in escrow. An issue has come up with the buyers regarding a large crack in the front corner of the garage concrete slab/floor that is being pushed up by tree roots from a tree in the common area in front of the house.The tree was planted by Del Webb when the house was built (1993), but the current (sub-) homeowner's association, in charge of maintaining that common area, has been watering the tree since long before my mother purchased the home. The current issue with the buyer is that the concrete needs to be repaired. The homeowners' assoc. says it is my mother's responsability, because they are not in charge of maintaining the interior of the garage (only exterior) and that they did not plant the tree. I maintain that the damage wouldn't have occured if they (H.O.A.) had not watered the tree, which caused it to grow to the point of lifting the concrete, and feel they are responsible. Am I wrong? Where is the reponsability in this (to make repairs) and what recourse could we have?

Asked on 7/11/12, 6:47 pm

1 Answer from Attorneys

Joel Selik

Subject to review of CC&Rs;and other matters, the homeowners association is responsible for the damage, and their insurance should step forward. I would also contact your own condo owners insurance and have them work it out with the HOA's insurance. HOA responsible for damage caused by their tree.

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Answered on 7/12/12, 7:20 am

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