Windstorm Tree Damage Liability

In the case of a neighbor’s -or HOA-owned- tree falling on your house or fence, the homeowner affected needs to contact and begin negotiations with their insurance provider to help cover the damages. The neighbor or HOA is not typically responsible for a fallen tree unless there was no action their part that can be shown to be negligence. This would include lack of maintenance or other proactive means to minimize or eliminate risk of a tree in poor health or otherwise compromised. Any “act of nature” is handled by the insurance companies and is regulated by state and federal law. This may seem counter intuitive since the homeowner was affected by an externality not in their control, but in the home insurance realm this is standard practice as it falls under the “act of nature” clauses.