Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle
I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that area said they have been sending emails to the landlord about the trees. There was a maintenance request sent back in the beginning of May, there has been 3 trees that’s lost huge branches, one branch was on someone’s roof, and the other 2 were on a car and a road. So my question are 1) is there any legal action that I can take 2) does the HOA have a time limit to fix such a dangerous situation. I want to make it clear I do not live there ( just driving by ) we contacted the city of Hillsboro and they told us the landlord is responsible to maintain the trees. should I contact an attorney ?
A: To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There also could be a contract where the landlord give consideration for the tenant to maintain the trees. So, this question cannot be answered in the abstract.
Katherine Goodman agrees with this answer
A: If your vehicle sustained damage and if you have not contacted your auto insurance you should do so. Your insurance company should handle the matter. Additionally, if you were a resident of the complex a landlord tenant attorney would need to see the underlying lease agreement, contract with the HOA ,and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees, but unknown without seeing the contract.
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