What are My Rights if the Wind Blows Nearby Trees, Causing Property Damage?
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Summary
When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? |
‘We reside is in Orlando, Florida. We have a pool screen covering our pool. There are three 30′ tall Palm trees that are located within an easement for the Homeowners Association. When the wind blows hard, palm shards are blown onto the top of the pool screen causing tears. I can’t replace the screen every time there is a
tear. The HOA takes care of the trees as far as trimming the dead fronds. What are my rights?’
You’ll need to first consult your HOA documents. The trees might be a nuisance (for example, to the extent that they are not properly trimmed, leading to the shards), but your rights to abate the nuisance,or to require the HOA to do so, may be limited or there may be specific procedures you need to follow in order to enforce any rights.
The HOA documents should shed some light on this.
My Neighbor’s Trees Lean Towards my Property, Can He be Held Responsible for Damages?
If Floodwaters Carried Trees I’d Cut Down River, Am I Responsible For the Clean Up?
Next Door Neighbor Responsible for Property Damage?
For more on this subject check out these categories: Homeowners HOA, Property
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
