Served on a HOA board many years ago. HOA powers pretty much limited to putting a lien on the property, so not much will happen until the neighbor goes to sell. Here in Houston the local paper often has a legal column, where a lawyer answers write-in questions. I know that I've seen this discussed several times over the years. As others have stated, damage from a live tree is an act of God and your insurance is responsible. If a neighbor's dead tree causes you damage, he or his insurance is reponsible. I'm no lawyer, but it seems to me that there are several possibilities: 1) send neighbor a certifed letter, then there is no question later on about who knew what and when. Take lots of pictures with dates on them. 2) check out the threashold for small claims court. You might pay to have the tree removed and sue for recovery in small claims court. 3) I would think that calling your insurance agent might be a good idea. I don't know how you would find out who your neighbor's insurance agent is, but I would think that your agent can have his legal staff write some threatening letters. They've got lots of lawyers on their staff that should be interested in looking out for you - so they won't have to pay out claims. 4) I've had large trees removed around my house. A tree service can climb a tree, rope some sections off, and take it down a piece at a time, dropping it in a very limited space. If the tree has been dead a long time, a bucket truck may be required, adding to the expense. Make sure they have current workman's comp and liability insurance - get the name of their insurance agent from them and call the agent yourself to verify. 5) hire a lawyer.
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