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HOA claims they don't need to cover damage from trees


I live in a townhouse association where each owner only owns their structure and approximately 5 ft. around it. Somehow we're responsible for our own driveways, but I haven't quite figured that out yet. In any case, the HOA handles landscaping for the entire group of properties. During a bad storm, one of the trees fell & ripped out fencing. The entire fence needs to be replaced due to the damage done. The HOA is now claiming they do not have to pay for these damages because it was "an act of God". Is that true? It seems fishy... if I owned a single family home & my tree fell onto my neighbor's property, I'm pretty sure my insurance company would have to pay for it. Why isn't theirs held responsible?

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