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Rather than suing everyone for racism, you could file the claim with your homeowner's insurance carrier and they will strong-arm to collect from the HOA for you.
You do not know the circumstances of the previous situation. The previous homeowner could have done the same thing and pressured or fought the HOA into paying. I doubt you will find anywhere in the records that the HOA approved claims because - "homeowner was white".
Also HOA board's can sometimes change.... maybe the previous homeowner was on the board and got special treatment.
I think suing people over some tree limbs is ridiculous. Has the HOA straight up told you they don't like black people? Are there black people on the HOA board?
If your property was damaged by someone's negligence who cares what it is? If you don't stand up for your rights against an arrogant HOA you're just inviting more trouble.
My understanding from previous threads is that if a tree was sick and it causes damage then the owner of the tree is responsible. If the tree was healthy then they don't.
I like the idea of using the might of an insurance company but what about the deductible? Let's say there's $1000 damage to the shed and a $500 deductible. The insurance company is not going to spend more than $500 to get that $500 back. They'll just write it off and probably black mark the homeowner.
I agree with Frewroad about which type of attorney to get. This really isn't an HOA issue per say except for the unsurprising arrogance being reported.
What's worth considering is a small claims case. If the OP can prove that the tree was sick and that the HOA knew that then it should be a simple task to get them to pay. She'll also need to know how much it would cost to repair or replace the shed.
HOAs can be tyrants. If she doesn't stand up now they'll probably try to fine her for having a damaged shed that they damaged.
It would be helpful for someone to chime in on the tree issue to say if I'm right or wrong. Calling the insurance company for advise would be a good thing. Also, calling the HOA's insurance company might help. She might be able to file a claim directly with them.
Whatever route is contemplated the OP should take plenty of photos NOW.
If your property was damaged by someone's negligence who cares what it is? If you don't stand up for your rights against an arrogant HOA you're just inviting more trouble.
My understanding from previous threads is that if a tree was sick and it causes damage then the owner of the tree is responsible. If the tree was healthy then they don't.
I like the idea of using the might of an insurance company but what about the deductible? Let's say there's $1000 damage to the shed and a $500 deductible. The insurance company is not going to spend more than $500 to get that $500 back. They'll just write it off and probably black mark the homeowner.
I agree with Frewroad about which type of attorney to get. This really isn't an HOA issue per say except for the unsurprising arrogance being reported.
What's worth considering is a small claims case. If the OP can prove that the tree was sick and that the HOA knew that then it should be a simple task to get them to pay. She'll also need to know how much it would cost to repair or replace the shed.
HOAs can be tyrants. If she doesn't stand up now they'll probably try to fine her for having a damaged shed that they damaged.
It would be helpful for someone to chime in on the tree issue to say if I'm right or wrong. Calling the insurance company for advise would be a good thing. Also, calling the HOA's insurance company might help. She might be able to file a claim directly with them.
Whatever route is contemplated the OP should take plenty of photos NOW.
The person who has a neighboring tree fall on their property is responsible for the damage, unless they had notified the other indiviual in writing and can show evidence (i.e. certified letter) that they had done so (see previous threads n the topic).
It also depends on the deductible if filing an insurance claim is feasible.
The person who has a neighboring tree fall on their property is responsible for the damage, unless they had notified the other indiviual in writing and can show evidence (i.e. certified letter) that they had done so (see previous threads n the topic).
It also depends on the deductible if filing an insurance claim is feasible.
Well it looks like the OP did. Even without written proof I'd take them to small claims just to hear them perjure themselves. Since an HOA is a corporation I don't think they can represent themselves even in small claims but I could be wrong.
Here's the thread we got worn out on starting with a good link:
I agree get your insurance company involved. Send your insurance proof of notification you sent to the HOA. They will probably go to bat for you. It's worth a try. I would resist paying for damaged caused by HOA negligence.
I had a similar experience but not involving an HOA. A tree from my neighbors yard fell on my house. Not too big a tree but it required a tree guy to cut it off the roof. There was minor damage to the roof. I ended up having to pay for the repairs myself. I asked the neighbors to pay for the tree removal but they wouldn't. I didn't file a claim because I had a $1,000 deductible and the repairs were less.
I was advised by Allstate to send a certified letter if I saw any hazards that might damage my house in the future. That put the liability on them.
I agree get your insurance company involved. Send your insurance proof of notification you sent to the HOA. They will probably go to bat for you. It's worth a try. I would resist paying for damaged caused by HOA negligence.
I had a similar experience but not involving an HOA. A tree from my neighbors yard fell on my house. Not too big a tree but it required a tree guy to cut it off the roof. There was minor damage to the roof. I ended up having to pay for the repairs myself. I asked the neighbors to pay for the tree removal but they wouldn't. I didn't file a claim because I had a $1,000 deductible and the repairs were less.
I was advised by Allstate to send a certified letter if I saw any hazards that might damage my house in the future. That put the liability on them.
This is good advice, call your insurance company and ask them to subrogate, which basically means they will pay for the repairs and then turn around and get the money from the liable party, insurance companies do this all the time. I wouldn't assume your HOA is discriminating, as others have said it may be that the previous owner was on the board, more tenacious than you or it may be a financial issue, some HOAs are in the red due to non-payers etc. I would also use that example as evidence of ongoing maintenance problems and therefore a dereliction of duty issue. The problem with suing an HOA is that fundamentally, you're suing yourself outside of naming a professional property management company as a party to the suit.
....The problem with suing an HOA is that fundamentally, you're suing yourself outside of naming a professional property management company as a party to the suit.
That is a complete myth. You are not "suing yourself" when you sue an HOA corporation.
The HOA is an incorporated entity. The corporation is an entity wholly separate and apart from the homeowners. You are not "suing yourself" regardless of whether a management company is also named as a defendant.
That is a complete myth. You are not "suing yourself" when you sue an HOA corporation.
The HOA is an incorporated entity. The corporation is an entity wholly separate and apart from the homeowners. You are not "suing yourself" regardless of whether a management company is also named as a defendant.
Well I haven't taken it apart technically but are you saying that members of an HOA aren't part of the HOA? Sounds like semantics to me due to the fact that you have a vote and HOA's have had to raise dues to deal with homeowner lawsuits. So in that sense you are suing yourself.
There's a real sad case not in NC where the HOA went after a minor violation and ended up costing the HOA $400K. They raised dues from $650 per year to $3500. Not likely to happen in this case but it can happen. This was a case of an election sign.
Dipgog3, No, I am not in violation of any CCRs. Behind my home there is common area with a arge tree with dead limbs. Few weeks ago, the tree limb fell on my shed and damaged it. The dead limbs and aging tree was brought to HoA's notice atleast 2 years ago. HoA is refusing to foot the bill. Before me, there was a white family. For same issue, they refunded the complete cost without any hassles. So pls help.
If you have written proof that they were aware of the dead limbs, then you should proceed to get your money. You shouldn't have to file a lawsuit in this case, the HOA should work with you to get reimbursed.
If you don't have written proof, then you are out of luck.
If you have written proof that they were aware of the dead limbs, then you should proceed to get your money. You shouldn't have to file a lawsuit in this case, the HOA should work with you to get reimbursed.
If you don't have written proof, then you are out of luck.
Dipdog3,
Thanks for response. I do have written proof. I have emails with which I sent pictures and BS responses from HoA president like "Oh, its tree save area, we cant do anything". I then contacted the town and they said "You need towns persmission to take down a tree, but that does not mean you should not maintain trees".
I tried bring this to HoA's attention but they are stubborn ans tick to one liner-Get it from your HOI. If not filing lawsuit, what kind of attorney do I need? What steps should I take?
Well I haven't taken it apart technically but are you saying that members of an HOA aren't part of the HOA? Sounds like semantics to me due to the fact that you have a vote and HOA's have had to raise dues to deal with homeowner lawsuits. So in that sense you are suing yourself.
There's a real sad case not in NC where the HOA went after a minor violation and ended up costing the HOA $400K. They raised dues from $650 per year to $3500. Not likely to happen in this case but it can happen. This was a case of an election sign.
That's a great case because it illustrates the behavior of HOA boards and the targeted homeowners prevailed over the HOA board and its vendors. The HOA is now defunct. The homeowners also now have their roof and their deck and their freedom from harassment. The HOA now owes the victims money.
With respect to the "HOA", the term "association" is a marketing gimmick used to confuse you. These are not "groups of people". The HOA corporation is a corporation completely separate from the homeowners. You aren't suing yourself any more than you are paying yourself when you pay assessments to the HOA corporation.
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