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Hope everyone is fairing well from Irene. Noticing the wind picking up today & not liking how the trees are blowing around. Our house is right next to our neighborhood's common open space wooded area. So my 'neighbor' on that side is our HOA. If a tree falls on my house from that side, will the HOA pay for removal of the tree? Curious as this is our first time living in a neighborhood w/an HOA. I know HOA's are common here in the triangle area. Has this situation happened to anyone? I know traditionally if a neighbor's tree falls on your house, the neighbor has to pay for the tree removal...what if the neighbor is technically your HOA?
I know traditionally if a neighbor's tree falls on your house, the neighbor has to pay for the tree removal...what if the neighbor is technically your HOA?
Your statement is wrong - if a normal healthy tree falls on your property you pay - no matter where the tree was before it fell. The rules change if the tree was diseased or dying and it was noticeable that it presented a risk of falling - then the owner of the property on which the tree is standing has a duty to remove it and will typically be liable if it falls on another person's property.
As for the fact that the HOA owns the adjacent property - it doesn't change anything. They are a property owner just like anyone else and the rules are the same for them.
if a normal healthy tree falls on your property you pay - no matter where the tree was before it fell.
That how it was for us. We had a tree crushed into our neighbor's house and a different neighbor's tree fell on our roof in a hurricane. We all had to take care our own houses no matter where the trees were from.
The rules change if the tree was diseased or dying and it was noticeable that it presented a risk of falling - then the owner of the property on which the tree is standing has a duty to remove it and will typically be liable if it falls on another person's property.
And my understanding is that this is only true if you can show you gave notice to the neighbor that the tree was at risk of falling and that you had asked them to fix it before it fell.
I had a tree from my yard fall on my neighbor's roof.
We called our insurance company. They said it was 'an act of GOD" and therefore, the neighbor's homeowner's insurance would cover it. they did. However, the neighbor had to pay his deductible.
I wanted to split the cost of the deductible and pay half (just to be a good neighbor) but neighbor was nasty about the whole thing so we just walked away.
Our insurance company said that if the tree were dead and we knew it, we would have been at fault. However, it was a perfectly healthy tree that got hit by lightening.
The amazing thing is that lightening hit it, broke it in half and tossed it over my fence (doing NO damage) and tossing it right onto the neighbor's roof. We decided, after speaking with neighbor, that it was an omen, since he was quite the meanie to the n'hood kids!
Where was all this good info when I posted my first post ?? It came down to calling the city and forcing the neighbor to have his dead tree taken down BEFORE it fell and did damage My deductible is $1,000 Even with the city ordinance - it turned out to be a pitd.... Make sure your neighbors KNOW if they have a dead or dying tree.. Certified Letter - thats easy Just don't pick it up from the post office.... I sent an email to everyone listed on the city website - two to the city attorney - I was covered...
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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We have had a similar situation with neighbors next door and behind us. If you send a letter telling them that their tree is dangerous make sure you have proof in the form of a letter from a certified arborist who will have to examine it from your side of the fence. Just your opinion won't hold up in court. Also, by giving them the report you can save them the cost of an arborist if like here in our city, trees may not be removed without a permit, and if the reason is that it's dangerous, they require the report which costs
$200+.
Hope everyone is fairing well from Irene. Noticing the wind picking up today & not liking how the trees are blowing around. Our house is right next to our neighborhood's common open space wooded area. So my 'neighbor' on that side is our HOA. If a tree falls on my house from that side, will the HOA pay for removal of the tree? Curious as this is our first time living in a neighborhood w/an HOA. I know HOA's are common here in the triangle area. Has this situation happened to anyone? I know traditionally if a neighbor's tree falls on your house, the neighbor has to pay for the tree removal...what if the neighbor is technically your HOA?
Please clarify:
1. Are you a member of the same HOA? I think the answer is yes but you did not clarify
2. If yes to #1, was the tree that fell on your home on HOA Common property or on a neighbors property?
3. If no to #1 then I see it as no difference regardless of who owns the adjacent property. An HOA or anybody else.
4. HOA's do carry insurance for/on common properties plus HOA's can be a far different animal (legally) people.
5. HOA's have a better chance of having more comprehensive insurance then a private owner might have, so I say it should not be a concern.
The HOA will play a role (how much I am not really sure) yet many are answering as if each is an individual property owner. Also many answering having no experience with the issue nor the laws in your state.
All in all I see this as a simple, common issue which can easily be answered even if you do not like the answer. Also the answer may well vary from state to state, HOA's, insurance companies, etc.
Keep in mind that most free advice is worth what you pay for it....LOL
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