I'm not sure there is a good answer to your original question.
You'd need to study city code, which governs this. I doubt township, county, or state code would be of much use, tho it may be worth checking out the county...
And of course you have a HOA handbook, the 'rules' of this should be in that book? Every HOA will likely be different, so nothing we can help you with - you gotta see what's in there.
After the tree falls, your insurance co and his insurance co would likely fight it out. Would probably be interesting to inform his insurance co about this. You wouldn't want to get _your_ insurance co excited about it tho....
In fact what made me think of this, some enterprizing lawyers have gone to notifying a city about all the cracked sidewalks in a few towns. City code reads that until the city knows about the danger, they are not responsible for it, so the first person that breaks a leg or gets a smashed head from an uneven sidewalk is outa luck; after that it's a known danger & the city gets it fixed pretty quickly. Well, the lawyers sent a long letter to the cities notifying them of each bad sidewalk; then they could sue the cities on the first occcurance, as it was already a 'known danger' because the exact location of each bad sidewalk was known.
Wonder if notifying his insurance co in an official way, and perhaps the HOA insurance co if they have one, of the known danger would get some action - letting a known danger sit there is inviting massive damage claims. Liability insurance is about covering the unexpected; it gets real big if you have to cover the known....
I'm no lawyer and thinking through such a notification is probably best left to one, donno if my idle thoughts would mean anything or be good or bad idea, but just kinda thought it up as I was reading your message.
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