I live in a townhouse. A tree limb broke off a tree located in the common area broke off and damaged my deck. I reported it to the HOA throu...

Question

I live in a townhouse. A tree limb broke off a tree located in the common area broke off and damaged my deck. I reported it to the HOA through the management company. The HOA board of directors said the HOA is not responsible because the homeowner is responsible for the upkeep of patios and decks and the limb breaking off was a "natural act". I disagree (and my insurance agent agrees with me) saying the HOA is responsible because the tree was located in the common area.

Answer

You should read your CC&Rs;to see who has the responsibility for maintaining the trees.

Answer

Who is responsible for maintaining the tree is only marginally relevant. If it is in the common area, it almost certainly is the HOA. That does not, however, make them responsible for the damage. Growing a tree does not result in strict liability for any damage the tree causes. Unless the HOA did something wrong in the planting, care or maintenance of the tree, they are very unlikely to have a any more legal responsibility than if a meteor fell on your deck.