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Homeowner's Association's Responsibility - Potential Property Damage from their Tree

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jordonez

Junior Member
What is the name of your state?What is the name of your state? Washington.

My home is part of a residential development that is maintained by a homeowner’s association. During some recent wind gusts that came through, a tree in the adjacent ‘common area’ blew over and hung up in another tree. Based on the current path of the tree, when it eventually would fall, it would smash my fence and possibly the swing set just inside the fence.

My initial thought was that the homeowner’s association should bear some, if not all of the cost of removing the tree. The tree was located in a ‘common area’ maintained (and owned?) by the association. When I spoke to the president, he said it was not the responsibility of the association, based on their rules, to pay for the tree to be removed. He did say, however, that I could pay someone to remove it. I’m not sure what rules he’s referring to, because I looked through the association’s booklet that I got when I bought the house and nothing refers to this type of scenario.

Because of the danger to my property and family, not to mention the kids who use a path that runs right by that tree in order to get to the baseball field behind my house, I decided to have someone take it down. I called a licensed tree removal professional that came out and took it down. He said the reason the tree fell was because of all the disease and rot that was in it. The wind just gave it that little extra push. Also, he said a few other trees in that group have the same problems with them, and that another gust could knock them down. He recommended that they be removed. It worries me because those trees are closer to the house, and that side of the house is where all the bedrooms are. Based on the association’s initial response, that they weren’t responsible, I would expect that they also wouldn’t do anything about these other trees. What I’m trying to find out is what party is responsible for dealing with the tree. Were they responsible for the tree that was just hanging there, that I had to pay to have removed? Also, because the other trees have the same problem, are they responsible for doing something about that? Any help would be greatly appreciated. I’ve had a heck of a time finding state laws that deal with this.
 


S

seniorjudge

Guest
jordonez said:
What is the name of your state?What is the name of your state? Washington.

My home is part of a residential development that is maintained by a homeowner’s association. During some recent wind gusts that came through, a tree in the adjacent ‘common area’ blew over and hung up in another tree. Based on the current path of the tree, when it eventually would fall, it would smash my fence and possibly the swing set just inside the fence.

My initial thought was that the homeowner’s association should bear some, if not all of the cost of removing the tree. The tree was located in a ‘common area’ maintained (and owned?) by the association. When I spoke to the president, he said it was not the responsibility of the association, based on their rules, to pay for the tree to be removed. He did say, however, that I could pay someone to remove it. I’m not sure what rules he’s referring to, because I looked through the association’s booklet that I got when I bought the house and nothing refers to this type of scenario.

Because of the danger to my property and family, not to mention the kids who use a path that runs right by that tree in order to get to the baseball field behind my house, I decided to have someone take it down. I called a licensed tree removal professional that came out and took it down. He said the reason the tree fell was because of all the disease and rot that was in it. The wind just gave it that little extra push. Also, he said a few other trees in that group have the same problems with them, and that another gust could knock them down. He recommended that they be removed. It worries me because those trees are closer to the house, and that side of the house is where all the bedrooms are. Based on the association’s initial response, that they weren’t responsible, I would expect that they also wouldn’t do anything about these other trees. What I’m trying to find out is what party is responsible for dealing with the tree. Were they responsible for the tree that was just hanging there, that I had to pay to have removed? Also, because the other trees have the same problem, are they responsible for doing something about that? Any help would be greatly appreciated. I’ve had a heck of a time finding state laws that deal with this.

I’ve had a heck of a time finding state laws that deal with this.

Did you look in the covenants and restrictions?


I’m not sure what rules he’s referring to, because I looked through the association’s booklet that I got when I bought the house and nothing refers to this type of scenario.

Did you get a copy of the covenants and restrictions?
 

JETX

Senior Member
jordonez said:
Based on the association’s initial response, that they weren’t responsible, I would expect that they also wouldn’t do anything about these other trees. What I’m trying to find out is what party is responsible for dealing with the tree.
If the tree (trunk) is entirely on another persons property and that person knows, or should know, that the tree is dead or diseased and that person fails to take appropriate steps to remove the known hazard, that person is negligent and would likely be held responsible for any damage the tree causes when it falls. However, if the owner was NOT aware of the hazard and the tree falls, it is considered an 'Act of God' and the owner is not liable.

Were they responsible for the tree that was just hanging there, that I had to pay to have removed?
See above.

Also, because the other trees have the same problem, are they responsible for doing something about that?
They could be. Send the association a certified letter, detailing the potential problem and include a statement from the tree trimmer. Then, if they fail to take the necessary steps to remove the hazard, you have proof of notice to present to the court.
 

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