Homeowner demanding HOA clean up tree

Hello! I'm a board member in a 92 unit townhouse community in PA. Our entire Board is new, with the former members wanting to turn control over to a management company after the former President had to repay over $15k that was spent with no receipts to show for the expenses. He doesn't want to be involved in anything to do with the HOA (embarrassment, I think) and the other Members don't seem to know all of the answers to our questions.
That said, the Board does not know how the following should be handled: We received an email from one of the homeowners with photos, saying that a few large branches from trees in the easement have fallen onto her yard. She claims that "the HOA has always taken care of this before", though no one from the old Board (the community is only 24 years old, so there are still original community members here) remembers such a thing ever happening. Our dues only cover the lawn-mowing for the Common Areas, so each homeowner takes care of their own yard. I'm not sure why the homeowner thinks yard care doesn't include any trees?
The Covenant only says that the HOA's duties include, "Maintaining all Common Areas owned by it, including driveways and parking areas, in good order and repair and shall make all repairs, restorations and improvements necessary to so maintain those Common Areas".
It is my understanding that the maintenance of the easement is the homeowner's responsibility. I know that if it were my yard and a tree from the easement fell on it, I would take care of removal myself.
The easement is a narrow wooded area backed by a short metal fence (there is a highway behind the community, so I think it is just to keep anything from blowing/falling onto the highway) that is supposed to be for access so people can get to their yards for lawn-mowing and just general access. I've been here six years and it has been overgrown since I moved here. I'm in an end unit next to a parking lot, and I have no problem with my neighbors and their lawn-care service companies walking across my lawn to access their own. (I just don't want them super-close to my house. Nothing like opening the curtains to a stranger two feet from your window). To clear the the easement area (which is behind my shed that was there when I bought my house) would require me to pay someone, which I can ill-afford.
To me, the HOA is NOT responsible for clearing branches from trees in an easement out of a yard. I think this would open up a slippery slope of everyone who has the easement in their yard demanding we clear out the easement behind their house.
Is the homeowner responsible for keeping the easement clear, or is it the HOA. The easement is behind approximately 35 of the homes and if the HOA is responsible, the dues of $80 per YEAR will not be sufficient.
Any ideas of the law on this? The only thing about easements in the Covenant say no structure can be built in an easement. (And that they are for installation or maintenance of utilities and drainage...)
Thanks for your input on this!

Welcome to the forum Shannon.

First and foremost, you are a new Board and you should not feel obligated to follow a supposed practice by a prior Board especially where there isn't any supporting documentation.

Second, trees are living things. The general rule under PA law is that a tree owner is not responsible for damage caused if a healthy tree falls in his neighbor's yard. Different story if the tree was not in good health and the owner should have known about it. Whether it's a whole tree or just a branch that fell shouldn't make a difference. Doing an inspection every year or few goes a long way toward minimizing your exposure.

Third, you are dealing with a buffer zone between HOA property and a highway. IMO, these are nightmare situations because it's difficult to get consensus about whether to leave it wild or take action to clear some portion of it.

Fourth, your HOA budget is less than $7,500 per year. IMO, your first discussion should be with your HOA insurance provider to make sure that you have adequate coverage of all types.

Fifth, I think that your new Board should decide on and publish a policy to the community about falling buffer trees or branches.

If the HOA has maintained the landscaping for town home owners historically, the HOA should clean up debris. Otherwise, debris just sits there as property owners are funding landscaping and grass maintenance.

Shannon

One thing you are going to have to get use to is many living in an association believe the association covers cradle to grave service. In our 112 owner, standalone homes association the main problems we have are those that bought a resale home. The original developer was very upfront. He had each potential owners sing for a copy of all docs, and initial each page. He basically said you have 30 days to read and agree in order to buy a home here.

In a resale this does not happen. You have real estate agents "saying things" that are not true. You have sellers doing the same thing as they want to sell. I am tired of hearing people say but my agent, my seller said yada, yada when not true. Not that all agents and sellers do, but we have more trouble with 2nd and later buyers then we do with original buyers.

You say your entire BOD is new. This does not mean improper decisions made by prior BOD's are the way it is and you must follow suite. Your BOD is going to have to make decisions, some of which will not be popular. Some of which may be different then ones made before. Continuing a mistake does not make it right.