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I live in Maryland in a townhouse, a storm recently passed…

I live in Maryland...

I live in Maryland in a townhouse, a storm recently passed through my area and a tree uprooted and fell into the side of my house. The tree is clearly in the common area that is maintained by my HOA. My question is how would be responsible, me or HOA?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Maryland

Lawyer's Assistant: Has anything been filed or reported?

I have contacted HOA so far

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats it

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Answered in 8 hours by:
3/3/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,257
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Give me a moment to review and type my reply.

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Customer reply replied 1 month ago
Ok

If a tree is on common area property and the maintenance of the tree (trimming, fertilizing, etc) is the responsibility of the association, then if that tree causes damage to another's property, such as yours, the responsibility lies with the association. If you have not already done so, I recommend that you make demand on the HOA for the damages in writing. It is very likely that they have insurance coverage for the claim.

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Customer reply replied 1 month ago
Ok. Thanks alot. Are you an Attorney in the state of MD? Also, after reviewing the HOA bylaws it stated they are responsible for the upkeep of common area, examine, inspect, repair, etc. All trees together with and items of personal property placed or installed thereon at the cost and expense of the association. The property manager has stated there is a new law enacted by the state which desolves them of any responsibility. I was sent a link to another attorneys website that discusses the "suppose" new law but not provided the state law code on this new law. What is my recourse? Also, the property manager refuses to discuss this issue any further and says the hoa attorney considers this a personal matter. Im at a lost for words and desperately need assistance in moving forward.

I am a licensed real estate attorney with over 25 years experience. The experts on this site provide general information and responses and are not necessary licensed in every state. However, we do provide research.

If the tree was not properly maintained and was a risk of causing harm in a storm -- that is the responsibility of the HOA. If you have not made a formal demand to the HOA, I recommend you do so. It is also a good idea to file an insurance claim with your insurance company as well. Your insurance company will also pursue the HOA's coverage.

Helpful article: https://www.lvglawfirm.com/legal-liability-for-tree-damage-in-maryland-virginia-and-dc/

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Customer reply replied 1 month ago
Thank you, ***** ***** the property manager of my association, I would have to hire arborist to examine the fallen tree. They claimed the tree was healthy, which I do not believe. However, would the management be responsible for surveying the health of the trees as part of a yearly inspection? What are my next steps since the management company refuse to talk to me about the fallen tree that damaged my property?

Not surprising the property management office said the tree was healthy.

Next steps:

1. written demand letter (by you or any attorney);

2. file claim with your ins company;

3. file suit against the HOA.

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Customer reply replied 1 month ago
Thank you, ***** ***** so much

You are welcome.

please be sure to accept my response and post a positive 5-star rating.

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Customer reply replied 1 month ago
Last question, would you know any attorneys in MD for this matter?

Here's the link to the Maryland Bar Attorney Referral Service:

http://www.msba.org/public/lawyer-referral.aspx

please remember sure to accept my responses and post a positive 5-star rating

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Customer reply replied 1 month ago
Ok, thank you

You are welcome.

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,257
Experience: Real Estate Attorney with over 25 years experience
Verified
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Category: Real Estate Law
Satisfied Customers: 1,257
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