Insights from local experts and executives The Region THIS ISSUE: [32] Massachusetts [34] Maine [36] New Hampshire [38] Rhode Island [40] Vermont MASSACHUSETTS Storm Damage Who Pays When Trees Topple? [Mark S. Einhorn, Esq.] When storms occur, damage from downed trees or limbs can occur. With rising master policy deductible amounts, it is likely that some damage may not be covered by insurance. When there is no insurance, who pays for the damage? Whether your association is on the hook depends on the circumstances. The following are a few common scenarios involving tree damage and liability. SCENARIO 1: STORM WINDS CAUSE A TREE TO FALL, DAMAGING A RESIDENT'S CAR. Damage to cars due to falling trees or limbs is common in communities. As you may expect, because trees are part of the common area, the natural conclusion is the association is responsible for the resulting damage. But in Massachusetts, there is no strict liability for damage caused by trees. Just because damage occurs from a common area does not automatically make the association responsible for the resulting damage. 32 CONDOMEDIA February 2024