Portland, OR asked in Contracts, Environmental and Landlord - Tenant for Oregon

Q: Fallen down trees in the road

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 ?

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by seeing if your auto insurance or the homeowner's insurance will handle the claim(s) and go from there. You of course will want copies of all the relevant emails if you can get them.

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