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Am I responsible for damage done to property on land that i do not own caused by a tree in common area?

Leland, NC |

Our HOA is saying that a tree in the common area of the community is the responsibility of the unit owner in which the tree is in front of,if I don't own the property how can I be responsible?

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Attorney answers 2


Look at your neighborhood or condominium covenants, if you have those, to determine if there is something in that document that assigns responsibility. Generally, all homeowners share responsibility equally as the homeowners association for common area premises issues, but check to see if you have other documents that have made it your responsibility.

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Look at your HOA nylaws, rules, and declarations. Also ask the person in your HOA to show you what document states it is the owner where the tree is in front of the condo who is responsible.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. For specific advice about your particular situation, consult your own attorney or if you do not have an attorney, consult with an attorney.

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