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two scenarios of fallen tree from storm damage

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bobcar8

Guest
What is the name of your state? Kentucky

Recently, a storm knocked down a large tree located in the common area of a Home Owners Association of a subdivision. The tree crossed the public- right-of-way (road) and is now fifty feet (50') into my property.

I called the HOA's Manager to inquire if their crew is going to remove their property, the tree, from my yard. She replied, "NO. The removal is my responsibility because they can't enter upon my personal private property."

Next, I asked where I should send the bill for the removal of this rather large tree. She replied, "No. They will not pay for the removal of the tree."

First, I will like to know if I have a legal standing for them to remove the tree.


Before I get to my second point... this same HOA required my parents, who belong to the Association and live within the subidivision, to pay for damages to a fence and replace the trees that were demolished by my parent's large oak tree that fell from their personal propety onto the commons area and across the street.

How could the HOA require damage to be repaired in one scenario and not the other.

Oh, if it helps, my parents are part owners in my property as well.

I am looking forward to your reply and advice!!!!
 


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bobcar8

Guest
Also, What if I return the tree to the HOA property?

If I am responsible for removing the tree from my property, can I return it to the HOA, the rightful owner? I would chain saw it and place it back on their property.
 

HomeGuru

Senior Member
bobcar8 said:
What is the name of your state? Kentucky

Recently, a storm knocked down a large tree located in the common area of a Home Owners Association of a subdivision. The tree crossed the public- right-of-way (road) and is now fifty feet (50') into my property.

I called the HOA's Manager to inquire if their crew is going to remove their property, the tree, from my yard. She replied, "NO. The removal is my responsibility because they can't enter upon my personal private property."

**A: that is BS.
********

Next, I asked where I should send the bill for the removal of this rather large tree. She replied, "No. They will not pay for the removal of the tree."

First, I will like to know if I have a legal standing for them to remove the tree.

**A: what did your insurance company tell you?
*********

Before I get to my second point... this same HOA required my parents, who belong to the Association and live within the subidivision, to pay for damages to a fence and replace the trees that were demolished by my parent's large oak tree that fell from their personal propety onto the commons area and across the street.

How could the HOA require damage to be repaired in one scenario and not the other.

Oh, if it helps, my parents are part owners in my property as well.


**A: I don't know. There must be more to this story.
******
I am looking forward to your reply and advice!!!!
**A: see above.
 

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