💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

GaryK8 (Delaware)
Posts: 8
Posted:
the community next to us decided to post no trespassing signs on the common property that will face our homes. The trees that are on their side if they grow over to our side or fall down who is responsible for the cleaning up of them.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Typically, when a tree falls in a storm, it's considered an act of God/nature.
if the tree fell and landed on two or more properties, each property owner is responsible for the clean up on their own property.
Each property owner is also responsible for any damage caused on their property (your insurance company will verify this).

However, if the tree was diseased or dead AND the owner of the tree knew this but failed to take steps to correct the issue (pest treatments/removal), then the owner of the tree is fully responsible for the clean up and damage.

Therefore, if you are concerned of any trees that may be near your property, contact the owner in writing about it. Then if something happens, you will have a paper trail.

See:

When a Tree Falls, Who Pays for the Damage? from consumer reports

Tree falls on my neighbor’s yard; do I have to pay for it? from an insurance group

When a Tree Falls, Who Pays? article published in November, 2020

Hope this helps.

Tim
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That is excellent advice from Tim. Having had a tree fall down in our HOA, the HOA had to pay for the clean up. However, the homeowner's insurance was responsible for the house/fence damages. It gets a bit confusing as some HOA members will be under the impression it will be a HOA claim. May want to make this clear on this before someone thinks that they get money out of the HOA insurance.

Former HOA President

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here