hurricane and neighbor's tree (Tampa: section 8, 2014, homeowners association)

[trixie11]

The neighbor's to our south have an enormous sprawling tree that has been allowed to grow untrimmed to extend over all of my screen porch and even over some of the roof. With this hurricane coming, it has renewed my fears and concerns that this tree will come crashing down and destroy the screen porch and possibly damage the windows and roof as well. This is in a homeowners association that has all sorts of annoying and petty rules, so it is shocking to me that this sort of major risk is permitted (or ignored). So my question is if this hurricane knocks down the tree and it destroys my porch or worse - what is the liability / insurance situation? I can't see how the neighbor's wouldn't be responsible. But I don't know what complications or changes the HOA might have on the baseline Florida law dealing with the issue. It is my father's house and I am unfamiliar with all things like this. Any experience or knowledge on this subject?

[DWMachineshop]

If your neighbor's tree falls onto your property and there is no PROOF that the neighbor KNEW that the tree was damaged or unhealthy then it is on you to fix the damage caused by it falling on your house. Not his.

[trixie11]

Originally Posted by DWMachineshop

If your neighbor's tree falls onto your property and there is no PROOF that the neighbor KNEW that the tree was damaged or unhealthy then it is on you to fix the damage caused by it falling on your house. Not his.

It isn't damaged or unhealthy - at least as far as I can tell. How can it be the responsibility of the person whose property the tree isn't on? I don't have the authority to walk over there with a chainsaw or hire someone else because it isn't my tree and it isn't my property. The tree is enormous and while the HOA has a non-stop army of landscaping and lawn people to trim everything else - including palm trees and other such aesthetic issues (not safety or property damage issues), they ignore this obvious threat. It is top-heavy, uneven, lop-sided (all towards my house and porch). Any strong wind from the south and it is coming down on me.

[kasuga888]

Generally, you are allowed to trim the tree that are over your property in florida . That off course doesn't help if the tree breaks at the trunk and timber overs onto your house.

[DWMachineshop]

The health of the tree may determine which landowner is responsible for damages to property (A secondary source called "Florida Jurisprudence" provides that where a dead tree falls on an adjoining property and damages that property owner's home, the landowner who owns the property where the tree originally was located is responsible for damages (1 Fla. Jur 2d Adjoining Landowners section 8 [2014]). Alternatively, Florida Jurisprudence provides that where a live tree falls on an adjoining property and damages that property owner's home, the adjoining property landowner is responsible for damages. Put another way, consider Landowner A (property owner of tree) and Landowner B (adjoining landowner). If Landowner A's dead tree falls on Landowner B's property, Landowner A is responsible for damages. Conversely, if Landowner A's living/live tree falls on Landowner B's property, Landowner B is responsible for damages.

[Atari2600]

Unfortunately, it's entirely your responsibility. You have the right to trim straight vertically from the property line, anything that ventures over into your property... if you wanted to. But if his tree falls into your yard, it becomes your responsibility for clean-up. Literally... your neighbor could cut the fallen tree at teh property line, and clean up the stump, and leave you with everything else... and it would be totally your responsibility.


My neighbor lost her roof and the entire thing dumped into my backyard. I had roof sheething, and about 80% of her shingles... it was all on me to clean up.


On that vein, I also had a plexiglass roof panel that broke free from my patio and lodged itself into my neighbor's roof. Went clear into the roof and through the plywood underneath. After the storm, it was sticking up and out of the roof... I was like... oh man, I'm going to be scarce for the next couple of days and hope he doesn't notice it's from my house, hahah...

[EngGirl]

You will have to file claim with your HOI.

[trixie11]

Thanks for the replies. The latest track has Ian more to the south so let's hope it keeps moving that way. That will mean all the difference in the world to Tampa Bay's storm surge since the wind will be sucking water away instead of pushing it in. And it helps for my tree problem. The worst thing for me would be a pass close by to the north or staying just offshore since that would mean the strongest S>N winds but with this past to the south, it would go from E>W to N>S as the storm passes.

[Miss Hepburn]

Originally Posted by DWMachineshop

If your neighbor's tree falls onto your property and there is no PROOF that the neighbor KNEW that the tree was damaged or unhealthy then it is on you to fix the damage caused by it falling on your house. Not his.

That's how it is also in Colorado.

[Miss Hepburn]

Originally Posted by trixie11

...since the wind will be sucking water away instead of pushing it in. And it helps for my tree problem. .

I know! YAY!!!!