MarkB30 (Florida)
Posts: 3
Posts: 3
Posted:
I big tree branch fell and crushed out lanai, did $5000 in damage. The tree belongs to the Association, should they pay for this repair. We have insurance but they only paid $1000.
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Tree fell on lanai
Started by MarkB30 • 9 replies • 269 views
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JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By MarkB30 on 01/31/2023 6:00 AM
I big tree branch fell and crushed out lanai, did $5000 in damage. The tree belongs to the Association, should they pay for this repair. We have insurance but they only paid $1000.
I big tree branch fell and crushed out lanai, did $5000 in damage. The tree belongs to the Association, should they pay for this repair. We have insurance but they only paid $1000.
Normally your insurance company will fight it out with the HOA insurance company. Do you know if they did this?
MarkB30 (Florida)
Posts: 3
Posts: 3
Posted:
John,
The insurance company did not contact HOA
The insurance company did not contact HOA
MichaelT21 (Arkansas)
Posts: 200
Posts: 200
Posted:
Typically in most states the person whose property is damaged is responsible for the cost of repair. The owner of the tree is not responsible for damage.
Don't know about your state specifically.
Don't know about your state specifically.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
This usually falls under "acts of God" unless the tree was known to be in bad health. Otherwise it is on your insurance to claim. The deductible most likely does not come close to the cost of repairs to the HOA. Ours had a 20K deductible.
I had a tree in bad health fall on my neighbors roof. It did not damage my house. I had to pay my insurance to remove the tree and repair the house. It was my fault.
I had a tree in bad health fall on my neighbors roof. It did not damage my house. I had to pay my insurance to remove the tree and repair the house. It was my fault.
Former HOA President
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Google says that in Florida, in general the health of the tree, and the owner of the tree having notice of bad tree health, determines who pays. This suggests a decision-tree like the following:
-- Was the tree healthy? If yes, you pay for damage and cleanup. If no, continue with questions below.
-- Did the tree owner (the HOA) have notice that the tree was not healthy? If yes, then the HOA might be liable for damages and cleanup, and continue with questions below. If no, you pay for damage and cleanup.
-- Can you prove the HOA had notice? Could you have trimmed branches overhanging your property such that the trimming would have minimized damage? Are you ready to lawyer up to prove the HOA had notice?
-- Was the tree healthy? If yes, you pay for damage and cleanup. If no, continue with questions below.
-- Did the tree owner (the HOA) have notice that the tree was not healthy? If yes, then the HOA might be liable for damages and cleanup, and continue with questions below. If no, you pay for damage and cleanup.
-- Can you prove the HOA had notice? Could you have trimmed branches overhanging your property such that the trimming would have minimized damage? Are you ready to lawyer up to prove the HOA had notice?
WendyM5 (North Carolina)
Posts: 1,522
Posts: 1,522
Posted:
well paying $1000 means some admission of guilt. what was their reasoning for only paying 20% of the bill?
vis ta vie
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Paying a thousand dollars is no admission of guilt. It is called the deductible on the insurance. It means that the cost of repairs was $5000. $1000 of that is not covered unless you pay the deductible. If it had been $900 of damage then they would not paid any deductible but for the $900 for damage repair. No insurance claim.
If the damages do not meet the deductible then you do not claim. The HOA has no claim as they were not damaged. Unless they want their tree back.
If the damages do not meet the deductible then you do not claim. The HOA has no claim as they were not damaged. Unless they want their tree back.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Let's back up a little. Who paid the $1,000? The assn? Your insurance?
MichaelT21 (Arkansas)
Posts: 200
Posts: 200
Posted:
It sounds like they had a $4000 deductible, the damage was $5000, thus, the insurance paid the $1000 above the deductible that the repair cost. The owner is now wanting to get reimbursed for the deductible, but that probably won't happen.
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