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Homeowner dismayed as HOA refuses to act on dangerous property issue: 'Is there anything I can do?'

Unfortunately, it's not uncommon for an HOA to neglect features and utilities that should be its responsibility.

"Unfortunately, it's not uncommon for an HOA to neglect features and utilities that should be its responsibility."

Photo Credit: Reddit

One homeowner was at their wits' end with a negligent homeowners association that refused to take responsibility for a damaged tree on HOA property.

They posted on Reddit looking for advice from r/treelaw. "Tree on HOA property is falling," they explained. "HOA says it's not theirs or says they have no record of it."

Photo Credit: Reddit

The situation started with what could have been an accident. "I have a large tree in the common area behind my town house," said the original poster. "Last June we had some high winds and a large branch, 25-30 feet, fell between two sets of homes. I contacted the HOA and told them, they said they would come clean it up."

But from there, the situation was badly mismanaged. "A month or so later my neighbor had a tree removed from their yard, and the arborist looked at the tree and said that it was top heavy and had too many branches on one side," said the OP. "They said at the minimum it needed to be trimmed. We told the HOA what was said and they didn't respond."

All their attempts at contact have gone unanswered or have resulted in the HOA denying responsibility for the tree. They've even contacted the city and other arborists, none of whom would work on the tree because it was on HOA property.

Unfortunately, it's not uncommon for an HOA to neglect features and utilities that should be its responsibility. The result can be property damage and even the risk of injury for homeowners — as in this case — not to mention environmental damage, such as harm to the tree itself from neglect. Sometimes, changing the bylaws is the only way to get an HOA to take action.

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"Tonight another branch fell," said the OP. "It's around 13 feet long. The break you can see is 2 feet. This is the third large branch that has fallen in the last year. I'm worried that the tree will either fall, most likely on my house or my neighbor's and my house. Is there anything I can do?"

"Get a board member out there to meet you," said one user. "Hard to say no when they are standing on common area under a tree they say they have no record of."

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