HOA Question Huge Tree down

Hi all,

We live at the top of Glebe View on the west side. There is a wooded space about 25ft wide behind our property line that is protected barrier space, but is technically within the property line of the neighbor behind us in Park Grove. Last night's storm caused a beautiful 45-50ft tree to break at the top 1/3 of the tree. That HUGE broken part the tree top is dangling over my yard. It is only being supported by the other tree as now it is perpendicular. Any advise? I think one more big wind and it's part of my yard. Obviously, I think I need to address it with the neighbor, but I wanted to see if anyone new who maintains that protected area?

 

Ok--My husband briefly spoke with neighbor and apparently he has no interest in hearing about his huge broken, dangerous tree dangling over our yard. It's currently about 20-30ft high and when it does fall it's going to do some damage to fence and landscaping.

We'll call HOA tomorrow, but anyone with any experience on this willing to give some advice?

 

Your kidding, what an a$$hat. a little preventive actions to save a fence and he's not interested.

 

Get your camera or video and take good pictures and make sure he sees you. By not acknowledging the potential for damage to your property is negligent.

You have the right to remove the offending branch as it encroaches on your property and may cause damage.

If he does not want to pay for it, you would have to take him to small claims court and prove liability. Maybe that will change his mind...but it doesn't sound like time is on your side right now.

 

I would also recommend sending your neighbor a certified letter (return receipt requested) with copies of the pictures so he has confirmed knowledge of the danger. Make sure to keep a copy for yourself. Sorry you have to deal with this at all.

 

I was under the impression that, in Virginia, each neighbor is responsible for any damage occurring on their property. Meaning that your neighbor isn't responsible for the portion of the tree overhanging your property. Could be wrong, though. We had a neighbor whose tree fell onto his next door neighbors property, damaging the next door neighbors roof, siding and gutters. According to both their insurance adjusters, the neighbor who had his property damaged was the one whose insurance the claim went on, not the neighbor whose tree it was.

 

MWork
I passed this along to our new HOA GM. Sarah said she would have someone go by and take a look.

 

Hi, I figured this as well...haven't confirmed with our insurance company yet as currently there is no damage (yet) as it is hanging "above" our property. We figured it would be proactive to notify the neighbor to maintain their tree before it causes any damage and then there is a claim. I appreciate all the feedback. I guess we were hopeful this would be easier

 

This WA. Post article from 2007 states that the tree owner can be held liable.

http://www.washingtonpost.com/wp-dyn/content/article/2007/09/14/AR2007091401340.html

But since it's an act of nature the homeowner's insurance cover's the damage unless you can prove negligence. It's a gray area...

 

Declaration for Broadlands, Section 7.2 Upkeep of Lots, (a) Individual upkeep:

Gives the HOA authority to require homeowners to keep their Lot in good order, including all necessary grounds maintenance. If a omeowner refuses to comply, the HOA has authority to enter the property, do the required work, and bill the homeowner for the cost.

I think the circmstance you described would fall under this category, should the HOA choose to exercise it.

 

MWork

Please call the HOA office - they need the exact address, please.

(703) 729-9704

 

Thanks Dawne,

I did call this afternoon after I saw your first post. I spoke with Stassa and I think she misunderstood why I was calling. After I explained the story she said it sound like a dispute between you and your neighbor and the HOA is not involved. Since I thought I still had pertinent questions about the maintenance of the protected area, I ask to be transferred to Sarah's voicemail and left a detailed message with the address. It's a holiday weekend and we are currently under a high wind thunderstorm warning so it may fall tonight. We did speak with our insurance co. and of course we are covered for any damage that may happen if it falls completely. They did advise us to call Loudoun County as they may have input as well. After about an hour of calls and redirects we also left a detailed message, so we'll see.

If the neighbor was like most Broadlands neighbors we could have at least prevented damage trying to redirect the dangling limbs and let it fall in wooded section, but our hands are tied since it is not our property. Our view got better but I'm still so sad to see a healthy beautiful 75ft (my husband said I underestimated it's height earlier) gorgeous tree be lost to mother nature. But at least we have power and no one is hurt. Thanks for your concern. I really appreciate it.

 

Here are the pics so far...If you look close at pic #2 you can see the end of what used to be the top of the tree (est. about 30ft long!) leaning into the corner of yard near shed. The fence line is just behind the other tree trunk visible in pic. #2.

To give you an idea of just how high this tree was the pics were taken from our upper deck....it was about 80ft tall, broke off at about 50ft. Why didn't the wind break the dead tree with no leaves--go figure!

We are going to try again with the neighbor. Perhaps it was just a bad day. But I agree with Vacliff, the maintenance of that wooded area is negligent by the owner, which is why I would welcome HOA coming to our place to see for themselves. I left Sarah, new HOA president, a voicemail. Thanks everyone

 

Sarah is the General Manager who was hired by the Board of Directors. She works for the HOA. The President is Brian Beahm, who is a resident elected to the Board of Directors. The Board of Directors then chooses the officers.

The HOA has required residents to remove dead trees from their lots. I think this would fall (no pun intended) under the same category.

 

Just a follow up...I am happy to report that the dead tree hanging in our yard was finally removed today. It seemed simple enough when it first happened as we contacted the neighbor to see if together we could compromise on a solution to remove the tree. He was so not interested. Then we contacted county zoning, and even the fire marshall, but it was our own HOA that responded accordingly to have an inspection and letter delivered to the property owner informing them of their responsibility as outlined by the bylaws. Our yard is once again safe and no one was injured. (Again this was 30ft dead tree dangling since the drecho storm on June 30th!!) This really is a perfect example of why HOA are necessary to protect each property owners best interest. Thank you to Sarah, Robin and Susan of the HOA for responding and expediting the matter. It is a huge relief that has worried us most of the summer. And thanks to VA Cliff for outlining the bylaw in your reply above.!!

 

Happy to see the issue resolved, but sad to see yet another member of the community with no basic respect for the well-being of others.