Question:
What liability does an HOA have for damage caused by a tree on HOA property falling and damaging my property. The tree was distressed or dead and should have been the responsibility of the HOA to remove it proactively. The tree was clearly visible, standing on the property that is maintained by the HOA.
– Carl
Answer:
Hi Carl,
Kindly check the governing documents for a tree policy, if any. It may state who is responsible for that situation. The governing documents may also outline the HOA’s maintenance and repair duties. This should give you some clarification on who is responsible.
If the governing documents are silent, then the association is generally responsible for maintaining the common areas and unit owners are responsible for maintaining their units according to the Washington Uniform Common Interest Ownership Act Section 64.90.440(1). However, you may consult a lawyer to discuss this further as there may have been negligence on the HOA’s part.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
