Legal Question in Real Estate Law in Virginia

I live in an independent house in a neighborhood with a homeowner' association in Northern Virginia.. I tried to remove some trees last year as they were too close to my house. The HOA refused to let me remove some of these trees. I walked the property with president and VP of the HOA so they knew which trees were at risk. They both saw additional trees in the common area, which is under HOA control and where I cannot cut trees, that were in poor condition. They did nothing to remove these trees. This winter two of those trees from the common area have fallen onto my property damaging my fence and property. The HOA officials refuse to answer my repeated emails. I finally caught one on the phone, but they say they have no liability since they could not predict which tree would fall. They refuse to put anything in writing. I find this highly suspicious. Doesn't the HOA have to remove the fallen trees and fix the damage to my fence? Doesn't the fact that these officials walked around with me on my property and knew which trees were damaged and did nothing to correct the problem and effectively kept me from correcting the problem by prohibiting me from cutting the trees constitute criminal neglect? How can I safeguard my property?


Asked on 12/20/09, 5:17 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So, sue 'em for your damages in small claims court and let the judge sort out the issue of liability for the damages caused to your property by these allegedly foreseeable tree falls.

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Answered on 12/25/09, 8:37 pm


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