HOA wants to sue over fallen branch on county road... what now?

I’m helping an older lady who’s being taken to court by her HOA over a tree branch that fell over a county road. The branch isn’t even on her property—it’s hanging over the road! But now the HOA wants her to pay for it. Has anyone been through something similar? Any advice on what she should do?

That sounds like a crazy situation. I’m pretty sure the county is supposed to handle clearing stuff like that, not the homeowner. She shouldn’t be on the hook for it.

Zephyr said:
That sounds like a crazy situation. I’m pretty sure the county is supposed to handle clearing stuff like that, not the homeowner. She shouldn’t be on the hook for it.

Yeah, exactly! The county’s responsibility, especially when it’s on a public road. She should push them to deal with it. The HOA has no grounds to make her pay.

@Lior
Thanks, I was hoping I wasn’t misunderstanding the rules. I’ll have her keep pressing the county then.

It might help if she gets the HOA president to show where it says she’s responsible for a branch on county property. Have her send a letter asking them to provide that info. They’re probably just trying to intimidate her.

@IngridWebstar
That’s a solid idea. I’ll tell her to ask for that documentation. Hopefully, they’ll back down if they can’t show proof.

Has she looked into legal aid? There are organizations that help with cases like this for free or at a low cost. It might be a good idea to find a local lawyer who can help her.

Zola said:
Has she looked into legal aid? There are organizations that help with cases like this for free or at a low cost. It might be a good idea to find a local lawyer who can help her.

She hasn’t yet, but I’ll definitely suggest it. Thanks for the info!

If the HOA keeps harassing her, she might need a lawyer to send them a cease and desist letter. But until then, I’d suggest she keep working with the county to get the branch removed.

Angel said:
If the HOA keeps harassing her, she might need a lawyer to send them a cease and desist letter. But until then, I’d suggest she keep working with the county to get the branch removed.

Yeah, that’s what I’m thinking. I’ll have her keep pushing the county and, if needed, get a lawyer involved. It’s just frustrating because she doesn’t want to deal with all this.

Sounds like the HOA is just bullying her. If the branch is on county property, it’s not her responsibility. Have her keep contacting the county and remind the HOA she’s not responsible for this.

Sawyer said:
Sounds like the HOA is just bullying her. If the branch is on county property, it’s not her responsibility. Have her keep contacting the county and remind the HOA she’s not responsible for this.

Exactly, I’ll have her keep reaching out to the county. She just wants to get this over with, but I don’t want her to cave into the HOA’s pressure.