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DennisG7 (Georgia)
Posts: 155
Posted:
As a newly elected Board member and new HOA President I decided to take a walk yesterday around some of our common area property that borders non HOA neighbors. I discovered a huge oak tree that had fallen well into a section of our HOA that is designated a detention area. The tree is around 80-90' over the property line and is laying on our property. This is well matured oak that appears to have a 3'+ diameter at it's base. From looking at it I am guessing this tree fell over a year ago. Obviously the property owner where the tree grew has done nothing to get the tree removed. A good portion of a 6' tall wooden fence that also belongs to our non HOA neighbor has also fallen onto our property. Since the damage isn't on any of our HOA's members home property/lots and is somewhat hidden I don't think it was ever reported to the previous Board. My question is who should we contact to get the tree and the fence removed? The non HOA homeowner or our insurance company?
Dennisg7
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Call your insurance agency to find out your TRUE responsibility before jumping in. The HOA may just be responsible for cleaning up the debris on their side of the fence and common area. After that the owner is responsible for their own fence and damages.

Now keep in mind what your HOA deductible is and the price you pay for using it. It may be the cost isn't as much as the deductible. A few people may volunteer to cut it down. Question is who may keep the wood if it's good for burning?

May have to rent a dumpster or find out your city's rules on picking up tree debris. Ours is that can't be cut by a professional and left at the side of the road. An individual can leave it for them to pick up. You may hire a professional service and ask them to remove the debris. This will cost money but may the best option.

I would contact the owner to let them know your intentions. It may be that the insurances will have to battle it out. Just do not jump into responsibility...

Former HOA President
AugustinD
Posts: 3,698
Posted:
In situations like this, always contact your insurer first and take direction from the insurer's agents.
BenA2 (Texas)
Posts: 1,273
Posted:
I would contact the homeowner first and give them an opportunity to remedy the issue. It is possible they will take care of it by you just asking. If they do not do the right thing, contact your insurance company and/or pay someone to fix the problem and send the homeowner a bill. Depending on the cost, it might be worth taking the homeowner to small claims court for reimbursement.

To me this is no different than your neighbor's tree falling on your property. Why would you not go talk to your neighbor first? It's just common courtesy.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By BenA2 on 02/20/2022 8:06 AM
To me this is no different than your neighbor's tree falling on your property. Why would you not go talk to your neighbor first? It's just common courtesy.
Because insurers are sticklers for being notified of the possibility of a claim as soon as one knows of this. Else the insurer typically is on solid ground for denying the claim.

Example:
Common area trees have roots that are causing sewer line backups into condo owner's units. The condo attorney at the direction of the board tells the owners, "Not our problem. This is your problem." Two years later the owners are lawyered up and quoting state law that says it is the condo's problem. The condo association now reaches out to the insurer. Remember, this is two years after the condo association knew that its tree roots might be causing damage to others' homes. The insurer responded, "Not our problem. This clause of your insurance contract says you are to immediately notify us when a claim is possible. Two years have passed since you learned of the problem. The insurance company will not cover any claim by the association on this matter."

But there are smaller scenarios where I agree, it's no big deal to see if the neighbor wants to resolve this without involving insurers.

I just don't think an insurance company agent is going to discourage talking casually to a neighbor about the situation, especially if it means the insurance company may have to do nothing more. IOW, it's no big deal to talk to one's insurer first.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
This one is clear.

Property owners are not responsible for their trees falling. So if your neighbor's tree falls on your house, you are responsible to repair your house. Not your neighbor.

People like to think that property owners are responsible for the trees that fall on other's property but they are not.

So your HOA needs to clear up the tree and remove the fence that has fallen onto your property. Repairing the fence is the responsibility of the neighbor.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By BenA2 on 02/20/2022 8:06 AM
I would contact the homeowner first and give them an opportunity to remedy the issue. It is possible they will take care of it by you just asking. If they do not do the right thing, contact your insurance company and/or pay someone to fix the problem and send the homeowner a bill. Depending on the cost, it might be worth taking the homeowner to small claims court for reimbursement.

To me this is no different than your neighbor's tree falling on your property. Why would you not go talk to your neighbor first? It's just common courtesy.

No, you cannot take the homeowner to court and win because he is not responsible for the tree falling.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By HenryS7 on 02/20/2022 8:53 AM
This one is clear.
No, it is not. Who has responsibility for tree damage in the OP's scenario will depend on the circumstances and the state.

One thing is for sure IMO: Settling any dispute over this, before the cost of attorney involvement starts exceeding the cost of removing the fallen tree, is best.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By AugustinD on 02/20/2022 9:28 AM
Posted By HenryS7 on 02/20/2022 8:53 AM
This one is clear.
No, it is not. Who has responsibility for tree damage in the OP's scenario will depend on the circumstances and the state.

One thing is for sure IMO: Settling any dispute over this, before the cost of attorney involvement starts exceeding the cost of removing the fallen tree, is best.

It's my understanding that only in very rare cases is the tree owner responsible for the tree falling and damaging property. In this case, no property was damaged but the tree needs to be removed and that burden falls upon the owner of the land not the owner of the tree. I see this as a very clear cut set of cicumstances that I can weigh in on without seeing a lot of gray area.

This form isn't a legal forum and it's not legal advice, but I'm comfortable speaking in generalities.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It depends on who pays for the damage. I had some trees between me and my neighbor's house. I had a fence between us. The trees were diseased and in bad condition. However, due to the location it was going to cost several thousand dollars and maybe a crane to remove. Plus no guarantee either one did not fall on our houses.

One day heard a "crash". Discovered part of the tree had fallen on my neighbor's house! Luckily it was rotten enough not to cause too much damage. The roof and part of a gutter got damaged.

Because the trees were in known bad condition, it was MY fault for the damages. If the tree had fallen in good condition, then his homeowner's insurance was responsible. I had to pay to replace my fence and the cleanup.

So was the tree diseased and in bad condition? Was it blown down by a storm? A hurricane/tornado? Act of God? So many things to consider before you take on tree removing.

All in all I think it's just the HOA will need to clean up the mess of the tree on their side. Everything else is on the neighbor.

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
I would notify the property owner that their fece fell on your property and give them some time to remove it, otherwise have your maintenance crew pick it up and place it on their sider of the property line.
As far as the fallen tree, I probably is more cheaper to hire a tree service and have the tree removed than to file an insurance claim, especially if their is no property damage associated with the tree falling.
I would even see if someone needs firewood for their fireplace, noting beats free labor for free firewood..
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By HenryS7 on 02/20/2022 8:54 AM
Posted By BenA2 on 02/20/2022 8:06 AM
I would contact the homeowner first and give them an opportunity to remedy the issue. It is possible they will take care of it by you just asking. If they do not do the right thing, contact your insurance company and/or pay someone to fix the problem and send the homeowner a bill. Depending on the cost, it might be worth taking the homeowner to small claims court for reimbursement.

To me this is no different than your neighbor's tree falling on your property. Why would you not go talk to your neighbor first? It's just common courtesy.


No, you cannot take the homeowner to court and win because he is not responsible for the tree falling.

I agree that in MOST states, the owner is not liable for the tree falling IF it was caused by an act of God and there is no evidence that the owner was negligent.

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