Legal Question in Real Estate Law in California
Is Property Management Co Liable if Tree Falls on Property?
I live in a very nice and picturesque retirement park of manufactured homes in Marin County. Residents individually own their homes and jointly own the park. We each pay a fee for use and maintenance of the grounds, which are managed by a property management company.
Since the property manager is responsible for tree pruning and removal, what are our legal rights in requesting the removal of a potentially hazardous tree? A geologist's report confirms that this is a slide area.
Given the horrific storms we are experiencing, trees are blowing down in our Park. My neighbor and I have requested that the property manager remove an older tall root-exposed tree that sits on the edge of a slope behind my neighbor's home. Should the tree fall it could potential damage one of our homes.
The property manager, based in Sacramento, sent a maintenance worker to look at the tree. The worker reported back that the tree was ''probably ok.'' Rather than take the risk we'd like the tree removed. What are our legal rights in making the request? And if the tree does fall, who is liable?
1 Answer from Attorneys
Re: Is Property Management Co Liable if Tree Falls on Property?
You should start by looking at all of the documents you received when you purchased in the mobile home park. You probably have some sort of agreement with the other owners that permits the hiring of a property manager, and defines what rights and obligations the individuals owners have.
If, after providing the management company with a copy of the geologist's report, the management company continues to refuse to remove the tree, you may want to consider having the tree removed, then seeking reimbursement from the management company.
If the tree does cause damage to your property, after putting them on notice of the dangerous condition, you may be able to pursue them for the damages.
Considering the potential expenses involved, you should probably see an attorney in your area who practices in real estate law and/or mobile home law. Only after looking at all of the documents you have, and discusses all of the facts of your siuation, can an attorney fully advise you.
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