HOA Tree roots damaged my sewage line, who is responsible for the bill?

Question

Our CC&RS state that each homeowner is responsible for the maintanance of their plumbing and sewage that services their home even if some of these pipes are in the common area. The HOA also in many occassions has stated that they own the trees in the common area and no one can trim them or chop them down. My sewage line was intact and the tree roots that grew on top and below it eventually starting growing inside the pipe by going in through the seam between the cast iron pipe and the clay pipe. The plumbers had to break the pipe to replace it. My HOA is claiming that trees do what trees do and since we are responsible for the maintanance of the sewage we are out of luck. And they refuse to take the trees down. The HOA is citing both the CC&Rs and the California Penal code to deny our claim- both state that homeowners are responsible for their sewage line maintance. Since it is very broad, does maintance also include damage by the HOA trees. Should I sue in smaill claims?

Answer 1

Sorry, but it is your responsibility.
Instead of risking your money (and aggravation) of going to court, maybe you should just invest that money in a repair.

And, when you have all (or a portion) of your line replaced, you
can begin a preventative maintenance, to prevent the roots from ever getting established again.

First, the new line will probably be pvc. Once "glued" together, they are much more effective in keeping out tree roots than the old terra cotta pipes were.

Also, you can put a root killer down your sewer which will dissolve SMALL rootlets. One name brand is KK-77 by Roebic,
but it's not the only brand available.
Do this about every other month, to keep your lines root-free.

Answer 2

No. You're out of luck on this one. But to get the HOA back, make sure you have all of the tree roots cut way back and clear of the sewer pipes. That way, when the trees die, they can pay to take them out.

Also, you should have plenty of gravel around the pipes.

This is why I no longer live in a HOA complex