My question involves real estate located in the State of California.
Hello, I got a letter from the city saying that the tree in front of my property is in violation of some code and some pavers need to be replaced (roots pushing up the sidewalk). I have the option to pay the city ($2K) to do it or get it done myself. The tree is between the sidewalk and the curb. I don't know why I should be responsible:
1) I didn't plant the tree. I assume the developer did and it is in the front yard, maintained by the HOA.
2) I am not the sole owner of that tree.
However, the HOA so far has responded that they just do some lawn mowing and basic landscaping, and that they are not responsible based on the CC&Rs. They point me to an amended article, which I had already found on my own, but I don't see that would make me responsible if only on the grounds that I did have nothing to do with the planting and that I am just a fractional owner of that area under the HOA and as such, I think the remedy should be with the HOA.
ARTICLE VII, SECTION 2, is hereby amended to read in its entirety as follows:
"Association Maintenance Responsibility With Respect to Private Lots. The
Association shall maintain all landscaping located between the garage and the back
of street of each Lot (except Lots 45 through 48, inclusive) and the turf areas
between each house and Hausmann Street of Lots 1 through 15, inclusive. Lot
Owners are responsible to replace all plants, trees, grass, groundcover and bark as
needed. Owners are also responsible for adequate watering of all plants, trees,
grass, and groundcover."
Can anyone offer insight into this? I searched the site, but I could not find anything like this.