Homeowner seeks advice after receiving upsetting letter from HOA: 'I assume [it] is an act of god'

A Georgia homeowner turned to Reddit for advice after receiving a sharply worded letter from a neighboring homeowners association demanding action over a towering oak tree.

In a post shared to r/treelaw, the user explained that a tree on their property had previously fallen and damaged a fence owned by the HOA next door. After they didn't pay for repairs, the HOA sent a letter requesting that they remove any overhanging branches from other trees on their property, including a 100-plus-foot oak tree near the property line.

The homeowner wrote, "I obviously don't want to remove the tree but I don't want to be responsible if a limb falls on their property, which I assume is an act of god." 

They also questioned whether the letter was legally enforceable and worried about potential insurance issues if another tree were to fall.

Cutting down mature trees can have ripple effects for the ecosystem and the neighborhood. Not only do trees offer shade, keeping homes and streets cooler and more comfortable for everyone, but they're also essential habitats for wildlife. Trees and native plants also support pollinators, which are essential to our food security.

Commenters were quick to share their thoughts. 

"They can trim branches overhanging their property, up to the property line, as long as their trimming doesn't damage the health of or kill the tree," one wrote. "Branches falling on their fence or property from otherwise healthy trees located on your property are considered 'acts of God.' The other HOA can take their little legalistic-sounding mumbo jumbo letter and shove it up their a**."

Others urged the poster to have a certified arborist confirm the tree's health. 

One commenter wrote, "Get the report, send it to them and then tell them they can trim back any overhanging branches at their own expense, but only as far as allowable to not kill the tree. Throw in a reminder that any trees killed will be replaced at their cost, as dictated by law, and mature oaks can be over $20,000 each. They'll probably shut up after that and be real careful about how much they trim."

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