Responsibility of HOA tree that fell on private property

[Cynthia M]

Jurisdiction

Florida

A enormous tree on HOA Common Property fell onto my yard during Ian Hurricane. It is laying on my yard, on my palm tree, on our hibiscus bushes, roof and side of home. We just had a new roof installed 3 weeks ago & it may now be damaged. For 13 years of home ownership we were told the tree was not ours and we were not to maintain it. A HOA committee member warned the HOA Board that the trees should be trimmed before hurricanes but they didn't do it and didn't respond. Now the Board is telling me that it is our responsibility. Do I have rights?

 

[army judge]

Do I have rights?

All of us have rights.

Truth be told, we all have a passel of rights.
The right to remain silent.
The right not to incriminate yourself.
The right to be free from unreasonable government searches.
The right not to be forced to quarter soldiers in your home.
The right to freely express your opinion.
The right to worship freely, or not to practice any religion.
The right to peaceably assemble to protest your grievances against the government.

However, your issue with the HOA doesn't involve any of those rights.

I suggest you get out that thick paper binder that contains your HOA CCRS.

Oh, you have the right to be represented by an attorney in your HOA dispute.
I suggest you hire an attorney to advise and assist you.

You could also contact the insurance company that protects your home for more explicit guidance.

 

[Zigner]

The OP also has the right to remove (or cause to be removed) the debris that was deposited on her property as a direct result of an "act of God".

 

[zddoodah]

Do I have rights?

Come on...the answer to this question is obvious, so I'm not sure why it's the only question in your post.

Have you contacted your homeowner's insurance carrier? If not, why not? Regardless of whether the HOA is breaching any obligations it owes you, you need to take action to mitigate damages and protect your own interests.

 

[flyingron]

I agree with Zig. Unless the HOA knew (or should have known) that the tree was in poor condition and likely to fall over, that it got knocked down in a storm isn't going to be actionable.

 

[PayrollHRGuy]

Yep, and a tree doesn't have to be in poor condition to be knocked over by 100+ mph winds.

 

[adjusterjack]

A HOA committee member warned the HOA Board that the trees should be trimmed before hurricanes but they didn't do it and didn't respond.

Sorry, but that hurricane blew down trees all over Florida no matter how well they were trimmed.

Now the Board is telling me that it is our responsibility.

Yes, it is your responsibility. Except for the piece that remains on the common area.

A enormous tree on HOA Common Property fell onto my yard during Ian Hurricane. It is laying on my yard, on my palm tree, on our hibiscus bushes, roof and side of home. We just had a new roof installed 3 weeks ago & it may now be damaged.

All that is going to be covered to a major extent by your homeowners insurance. Make the claim. That's what you buy insurance for.

If your claims department believes that the HOA has any negligence in the matter it will seek reimbursement from the HOA's insurance.