What are My Rights if the Wind Blows Nearby Trees, Causing Property Damage?

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‘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?’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney

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