Q: The landscaper hired by our HOA for the community damaged a large hedge in our yard that now must be replaced. My HOA says the damage is not their responsibility and that I must resolve the problem myself. Do I have to deal directly with the landscape company? — Jo Ann
A: No, your community association will need to deal with this problem. While the landscaper is responsible for the damage it caused, since your association hired the contractor, they share responsibility as well.
The first step was to notify your association about the damage, which you have already done.
Your association should arrange for its vendor to fix the issue. If the landscaper does not take responsibility and fix the problem, your association should proceed with the repairs at its expense.
The landscaper has a contract with your HOA, not with you. This means that your HOA is in “privity” with the landscaper and will need to deal with their vendor. After that, they should be able to seek reimbursement for the costs incurred.
If the issue remains unaddressed despite your repeated requests, you can make the necessary repairs and then look to your association for reimbursement.
As with any dispute, taking photographs and maintaining detailed notes is essential. If the matter eventually goes to arbitration or court, the outcome will depend on which side the judge believes. Having thorough documentation will be essential in this situation.
Even if your dispute with the association escalates, continue to pay your maintenance dues. The dispute and your responsibility to pay your assessments are separate issues, so you cannot simply deduct the repair cost from what you pay them.
Like most things, there are appropriate and inappropriate ways to address issues, and choosing the wrong approach may feel good at the moment but can lead to more significant problems than damaged landscaping.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.
