Destruction of Common Area

Started by JanetC1 • 3 replies • 1834 views

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JanetC1 (Florida)
Posts: 2

Posted:

One of the homeowners in a Florida HOA driving down the main boulevard of the community hits a pine tree with their vehicle (no injuries), pine tree comes down across the boulevard and needs to be removed. Tree removal comes to $400. Can the association bill the owner for reimbursement for the tree removal?

LeslieH (Utah)
Posts: 3

Posted:

As a newly elected Secretary of our HOA, I've been pooring over our Declarations and not only would our Board assess the member the cost for removing the tree but would likely charge her for a new tree.

JosephW (Michigan)
Posts: 882

Posted:

Get a copy of the police accident report. Check with the association's insurance agent to make sure you do this right, but I believe your next step would be to file a claim with the owner and/or his insurance auto company. You also want your agent on notice in case the owner sues the association because the tree jumped out in front of his car as the association hadn't properly secured it. Don't laugh.

In the meantime, get estimates as to the tree's cleanup and replacement. Either the owner or their insurance should cover it.

Joe

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BradP (Kansas)
Posts: 2,640

Posted:

Joseph is right, the cost of the tree removal and replacement should be the absorbed by the insurance company of the vehicle that was driven into it. I would get an estimate for replacement, get a copy of the police report (if there is one) and file a claim with the insurance company. On the odd chance he didn't have insurance, then you should be able to bill the person for removal and replacement.

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