Responsibility from tree damage to HO fence

[kahartzell]

What is the name of your state (only U.S. law)? Washington

I live in the state of WA in a townhome complex. We recently had moderately high winds and a tree fell into my fence and crushed it. Since it is a townhouse the fence and the deck are something I built and considered mine, and not part of the associations responsibility, unlike the exterior of the house which they are responsible for. Normally I assume the fence being crushed would be an “act of god” but the difference in this case is that the tree is clearly rotted at the base and the fallen section was completely rotted on the inside as well. Due to this circumstance could my homeowners association be held liable for this? On a side note the association is sending someone out to cut what is left of the tree down since they determined it might be unsafe. The tree divides in two about 5 feet from the base. The left side is completely rotted with no vegetation and the right side stemmed from that and snapped at the junction. The left is only about 10 ft high and had been cut off in the past.

[HomeGuru]

Originally Posted by kahartzell

What is the name of your state (only U.S. law)? Washington

I live in the state of WA in a townhome complex. We recently had moderately high winds and a tree fell into my fence and crushed it. Since it is a townhouse the fence and the deck are something I built and considered mine, and not part of the associations responsibility, unlike the exterior of the house which they are responsible for. Normally I assume the fence being crushed would be an “act of god” but the difference in this case is that the tree is clearly rotted at the base and the fallen section was completely rotted on the inside as well. Due to this circumstance could my homeowners association be held liable for this? On a side note the association is sending someone out to cut what is left of the tree down since they determined it might be unsafe. The tree divides in two about 5 feet from the base. The left side is completely rotted with no vegetation and the right side stemmed from that and snapped at the junction. The left is only about 10 ft high and had been cut off in the past.

**A: what did your insurance agent tell you when you filed a claim?

[kahartzell]

We have not filed a claim nor will do so as it is just one section of the fence that would cost less to repair rather than pay a deductible or file a claim. The fence is still damaged but will need to be fixed fairly soon.

[HomeGuru]

Originally Posted by kahartzell

We have not filed a claim nor will do so as it is just one section of the fence that would cost less to repair rather than pay a deductible or file a claim. The fence is still damaged but will need to be fixed fairly soon.

**A: Ok, then file a claim with your HOA.