Tree Damage Responsibility

I am looking for some feedback on an issue in our community, which is located in the state of North Carolina. Our HOA covenants provide for the HOA to be responsible for the maintenance of roofs, siding, down spouts, and common area sidewalks and streets. In addition, the HOA provides landscaping maintenance for the grass, trees, and schrubs (i.e.: pruning, mowing, edging, fertlizing, etc.).

My question is, who is responsible for any damage that may occur to underground sewage and water pipes, and / or sidwalks or driveways that are located on the owners property? Also, if for example, an owners tree falls onto their home, or their neighbor's home in a wind storm, who is responsibile for paying for that damage?

Our covenants call for the HOA to maintain adequate insurance to cover all common area property and nothing more.

I am new to this forum, so if this is not the place to ask or get an answer for this type of question, if someone could point me toward a resource for answers for these types of questions, I would greatly appreciate it.

Thank you very much for all responses.

Regards,
Bob

Depends...... who caused the damage? Did it happen naturally or did a person cause the damage? For the pipes, the HOA insurance company may have it covered in the policy. Sometimes you need to put in a claim to see if they cover it.

For the sidewalks, same question. Who caused the damage? Or are they just old? If they are just old and need to be repaired, it may be your HOA, which means everyone needs to pay. (wink)



A tree should be covered in your HOA insurance. If its a neighbors tree, the HOA can submit the claim to the neighbors insurance company.

My advice is just a few options, your asking many, many questions, with many, many scenarios. I'm just providing a few ideas.

If the tree was planted properly with adequate allowance made for future growth and is visibly healthy then any damage to an adjoining property would be considered an 'act of god'.

If, however, the tree was planted without forethought and the owner was to be made aware of it's potential hazards it would be the tree owner's responsibility (due to negligence on his/her part).

eg. a) a healthy properly maintained tree falls into your backyard -> tough luck, clean up the mess; b)you have notified the neighbor that his/her tree looks sickly and has few if any leaves, later it falls onto your roof and causes damage -> THEY are negligent and must pay

The key to this entire issue is that the tree owner must know, or reasonably be expected to know, that the tree presents a hazard.

If your certified arborist presents a report stating the (potential) hazard then the owner would be definately held responsible for any damages.