Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I live in West Virginia and I am the president of an HOA. If someone has a dead tree in their yard, is it the HOA’s obligation to make them cut it down? I ask this because the neighbor of said tree says we can’t make them cut it down before it falls on his house.
Whether you are legally obligated to do this will depend on your local laws and HOA documents. You’ll need to read them to determine for certain. But, a much easier question is whether you SHOULD have this done, and the answer is yes. Dead trees are a potentially quite dangerous hazard to both people and property, and don’t do the tree any good, either.
