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Q & A
Q: During a recent storm, a neighbor’s large tree fell into my yard, causing a mess that will cost thousands of dollars to clean up. The neighbor tells me he is not responsible for the part of the tree in my yard. Shouldn’t his homeowner’s insurance cover the cost?
A: In general, a standard homeowner’s policy does not cover the removal of a fallen tree due to a storm unless it damages insured property. This includes your house and other items, such as a fence or garage. If the tree simply falls during a storm and doesn’t hit anything, the cost of removing it is generally not covered.
If your neighbor’s tree did hit your house, you have to file a claim under your homeowner’s policy even if you were not the owner of the tree. Unfortunately, there is probably a deductible and possibly a limit on the amount your insurer will pay.
These are the general rules. Check your policy or consult with your agent to see what’s covered. For example, some policies pay for removal if a fallen tree was struck by lightening or is blocking a driveway.
Another exception: Let’s say your neighbor’s tree was dying and leaning precariously toward your property. You notified him in writing and asked that the hazard be removed. He ignored the request. Since the tree later fell, you may have some recourse against your neighbor’s insurance company. Keep records of this correspondence in case you have to recover damages. High winds and heavy rains can topple trees and cause massive, expensive damage. Look around your property to ensure there are no potential hazards-and if there are, notify your neighbor in writing.
Q: I live in a voluntary association and was recently elected to the board. In the past, some boards enforced the covenants, other boards did not. To what extent is a board responsible for enforcing the covenants?
A: Look to your governing documents. Some require the board to enforce; others provide for the “right” to enforce, or other such discretionary language, typically coupled with the “right” of owners to also enforce. Even if the board is not required to enforce, failure to enforce may lead to board liability, especially if the board is randomly enforcing. The board has a fiduciary duty to act reasonably, in good faith, and with the best interests of the association, which might require general covenant enforcement to promote the community and preserve property values. It also requires uniform and consistent enforcement. For a detailed discussion of covenant enforcement, see our article “Successful Enforcement of Covenants, Rules and Architectural Standards/Guidelines”.
* Please email or fax your questions with your name and contact information to: QAcolumnist@ortenhindman.com or 303.432.0999. Due to the volume of questions received, we cannot guarantee an answer.
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Community Associations Institute
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The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
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