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View Full Version : Villages tree branch damaged my air conditioner


pittels
07-27-2013, 02:16 PM
Does anyone know if the villages is liable to fix my air conditioner? It was smashed by a branch from their tree.

Golfingnut
07-27-2013, 02:29 PM
Your insurance should pay for it. Acts of God will not get you money unless you can prove that you contacted the villages about that very branch or that tree in general for being unsafe, dead or damaged.

rayschic
07-27-2013, 02:32 PM
Does anyone know if the villages is liable to fix my air conditioner? It was smashed by a branch from their tree.

Welcome to TOTV.
In answer to your question...it depends (but probably not) Give more info. Air conditioning unit is usually right next to the home. Trying to figure out how a "Villages" tree branch would fall on it. Is this tree on Villages commom property and not on your property ? Does the Villages take care of and trim this tree ? Did you notice if the branch looked damaged prior to it falling ?If so, did you inform anyone ? Did the branch come down during one of the recent storms ?

graciegirl
07-27-2013, 03:35 PM
Welcome. I guess up until now things were going o.k.?

buggyone
07-27-2013, 04:07 PM
For a tree branch to fall directly onto your air conditioner, wouldn't the tree have to be practically right next to it? I would assume that means the tree would be either on your property or on a neighbor's property. The Villages do not own those trees.

Sounds to me like you have to bear the cost of this accident.

Barefoot
07-27-2013, 04:26 PM
Does anyone know if the villages is liable to fix my air conditioner? It was smashed by a branch from their tree.

I'm sorry to hear that your air conditioner was smashed by a tree limb. I assume your property must be beside a Golf Course or Recreation Center, or other property owned by The Villages? Can you provide more information about how their tree limb was able to land on your air conditioner?

kimball
07-27-2013, 04:33 PM
Welcome. I guess up until now things were going o.k.?

Huh?

graciegirl
07-27-2013, 04:36 PM
Huh?

It was the FIRST post.

Bogie Shooter
07-27-2013, 04:38 PM
First post in 6 years!

Topspinmo
07-27-2013, 05:49 PM
Sheezz, So what haven't posted before, Maybe never had reason to or cared to post? Now after 6 years finely had question and look at the friendly responsesbarf, I guess nobody knows the answer or heaven forbid the Villages couldn't be responsible for something?.

She said it was the VILLAGE trees! Live Oaks and other can have some LONG overhand branches that wait ton and with some cracker box lots I could see limbs hanging over on someone's property. I see it no different that if you Neighbors tree fell on your house. I'll go out on limb here as say :a20:""Who ever owns the tree is responsible for any damage charged to their insurance and they pay the deductible not hers or his??? IMO.:eclipsee_gold_cup:

BarryRX
07-27-2013, 06:23 PM
Huh?

It was just a bit of humor. Reminds me of the story of a family that had a ten year old child that had never spoken. One day at the dinner table the child all of a sudden says "these mashed potatoes are lumpy!" The astounded parents look at the child and ask "why haven't you spoken before?" The child replies "the mashed potatoes have been fine up till now". So just like Gracie said, things were probably fine till now.

vorage
07-27-2013, 06:34 PM
Does anyone know if the villages is liable to fix my air conditioner? It was smashed by a branch from their tree.

If a neighbor's tree damaged your property, they would likely be liable and I suspect TV is no different. I would start with Village Watch. They should be able to point you in the right direction for assistance. If the tree is on TV property, surely they will want to get someone to examine the tree to see if it needs repair and/or pruning to eliminate future problems. If it is not, they should be able to tell you who the property owner is. You may have to make a few phone calls to get to the right person. Meanwhile, make sure you take plenty of pictures to document the damage before you remove it.

duffysmom
07-27-2013, 07:11 PM
Take pictures and contact the POA. You never know.....:shrug:

buggyone
07-27-2013, 07:46 PM
Is the tree on Villages property or on the homeowner's property? If the house and a/c are next to a multi-modal path and a long overhanging limb that was definitely not on the homeowner's property fell off and damaged the a/c, The Villages might pay.

Otherwise, I can't figure out why the OP says it is one of The Villages trees.

OP, exactly where was the tree?

redwitch
07-27-2013, 08:15 PM
Considering some of the winds, it could have been a branch that broke off and hit the A/C; doesn't necessarily have to be a branch dropping directly onto the unit (I've certainly dodged enough palm branches recently).

I'd call the Warranty Department and ask them who to contact. They should know.

graciegirl
07-27-2013, 08:24 PM
I hope that the OP comes back and tells us. I WAS trying to be a little funny.:jester: Thank you Barry.

I am sure that if it is a tree belonging to The Villages, they will be ready to fix things.

Everything else runs smoothly.

I also was trying to get a little more information. We can go from zero to sixty here in a few seconds. Yes I have had only good experiences here and it colors my opinions.

So perhaps the OP will tell us just what happened, since he/she brought it up to begin with.

bike42
07-27-2013, 08:28 PM
Check with your homeowner's insurance agent. I think you will find that the rule is if your tree falls on your neighbor's house HIS insurance pays for the damage and vice versa.

Barefoot
07-28-2013, 05:28 AM
Does anyone know if the villages is liable to fix my air conditioner? It was smashed by a branch from their tree.

Pittels hasn't logged on since his original post. Perhaps when he checks in, he will clarify how he knows that a tree belonging to The Villages is the culprit. In the meantime, I assume it's hot in TV, so I hope Pittels was able to get the air conditioner fixed.

Golfingnut
07-28-2013, 06:03 AM
Falling Trees: Act of God or Covered Event? (http://www.insurancejournal.com/news/southcentral/2012/11/02/268636.htm)

buggyone
07-28-2013, 08:03 AM
Falling Trees: Act of God or Covered Event? (http://www.insurancejournal.com/news/southcentral/2012/11/02/268636.htm)

Back in Maryland, I once had a very large oak tree fall from my yard onto a neighbor's chain link fence and it wiped out a large section of the fence plus a rabbit hutch (including rabbits). I offered to pay for the fence but he settled for just the firewood from the tree.

Bogie Shooter
07-28-2013, 08:06 AM
Call Sam.

The District Property Management Department is responsible for upholding the aesthetic, physical and environmental assets of the District by maintaining the District�s physical assets and infrastructure.

Sam Wartinbee, Director
sam.wartinbee@districtgov.org

Dave Burgess, Assistant Director
dave.burgess@districtgov.org
Contact Us
Main Office
3231 Wedgewood Lane
The Villages, FL 32162

Phone: 352-753-4022
Fax: 352-753-4296

Key Largo Office
1135 Bonita Boulevard
The Villages, FL 32162

Phone: 352-751-6713
Fax: 352-750-8219

blueash
07-28-2013, 08:07 AM
September 2011 Tree Limb falls on golf carts on Heron golf course.
https://www.talkofthevillages.com/forums/golf-villages-216/close-call-heron-42120/index2.html

I recently was paired with one of the owners who told me about this, and told me that the Villages paid ZERO dollars for the damages, Act of God exemption. Could be I was told a tall tale, or not. Clearly in the Heron case, Villages owned tree, Villages maintained tree, on a path TV makes you use on their course and a tree their employees (ambassadors) have the opportunity to assess regularly for damage or weakness. If all those circumstances are not enough to create liability then I wouldn't count on liability for your AC unless you had previously complained about a dangerous situation to TV and they failed to act.

graciegirl
07-28-2013, 08:19 AM
September 2011 Tree Limb falls on golf carts on Heron golf course.
https://www.talkofthevillages.com/forums/golf-villages-216/close-call-heron-42120/index2.html

I recently was paired with one of the owners who told me about this, and told me that the Villages paid ZERO dollars for the damages, Act of God exemption. Could be I was told a tall tale, or not. Clearly in the Heron case, Villages owned tree, Villages maintained tree, on a path TV makes you use on their course and a tree their employees (ambassadors) have the opportunity to assess regularly for damage or weakness. If all those circumstances are not enough to create liability then I wouldn't count on liability for your AC unless you had previously complained about a dangerous situation to TV and they failed to act.


Some of the things I have been told as an absolute fact here in The Villages, weren't. Sweetie comes home with "valid" information from his golf partners that turns out to be hearsay and repeated gossip. Contractors and subcontractors have repeated to me things that were not the truth but they believed them to be so.

There is a bunch of folks who dislike the developer that believe, and want to believe all negatives said about him. I don't think that is you Blueash.

But I am just as culpable as to believe the Morses et al will not step back from paying if it was their tree..... But they won't if someone is trying to squeeze some bucks from them because they have a lot of them.

When we moved into our new home we bought a new clothes dryer and it was delivered and the delivery person knocked a big chunk out of the concrete stoop at the front door. I called warranty, telling them that it was not their responsibility but I wanted to hire the concrete person and painter to repair the damage done by our "agent". I told them, yet they came out and repaired and painted the stoop and did not charge us.

I don't see the developers as shady or unscrupulous. But I don't see them as stupid either.

And sometimes folks you meet casually misrepresent themselves. When we were building our new home we visited each evening and ran into many people walking through our home under construction who told us that our house was their house. We complemented them on their good taste.

T-325
07-28-2013, 08:38 AM
In my neck of the woods, if the limb is over the property line then a home owner has the right/responsibilty to trim that portion of the tree. So if a dead limb overhanging your property breaks off, then you own the consequences.

If the tree falls over that is another matter, however I would go to my insurance company for coverage. It would be up to them to deal with the neighbor's insurance company.

graciegirl
07-28-2013, 08:44 AM
We don't know any of the particulars because the OP has posted and has not returned and clarified.

I am hoping for the best, as usual.

Birdie Dreamer
07-28-2013, 08:53 AM
We don't know any of the particulars because the OP has posted and has not returned and clarified.

I am hoping for the best, as usual.

:agree:

Lots of interesting theories and advice based on speculation. But it is difficult to give helpful advice without the facts.

gustavo
07-28-2013, 09:12 AM
I'll go out on limb here as say :a20:""Who ever owns the tree is responsible for any damage charged to their insurance and they pay the deductible not hers or his??? IMO.:eclipsee_gold_cup:

YOu may be right but usually you have to file with your insurance co, then they go after the other party.

perrjojo
07-28-2013, 09:54 AM
We lived in Georgia with very large trees in all of the yards. If a neighbors tree fell on your house, your insurance paid. I know it seems unfair but that is the way it worked. The only way your neighbor paid was if you had made an official complaint to the other property owner that you felt their tree was a danger. This had to be documented by something such as a certified letter.

travelguy
07-28-2013, 09:12 PM
superstorm sandy dropped a neighbors tree onto our sons car, which was parked in our driveway, and crushed the rood and the hood which totalled the car. unfortunately only auto insurance would cover those sort of damages, and since the car was only worth about 1000.00 insurance for that amount would not have been practical so needless to say the entire car was a loss. even though the neighbors tree caused all the damage he was not liable for anything, including removal of any part of the tree that was not on his property. a good neighbor would at least offer something as compensation; but that did not happen.

maddie101
07-28-2013, 09:28 PM
We lived in Georgia with very large trees in all of the yards. If a neighbors tree fell on your house, your insurance paid. I know it seems unfair but that is the way it worked. The only way your neighbor paid was if you had made an official complaint to the other property owner that you felt their tree was a danger. This had to be documented by something such as a certified letter.

Exactly. This was just on one of those tv Judge shows. The person with tree damage lost. Owner of the tree had no responsibility. It was a freak situation. Tree was not diseased etc where owner could foresee a problem would happen in future.

Kelsie52
07-29-2013, 10:22 AM
We live in the villages on a golf course ----moved in 3 years ago --The couse planted a oak tree (small) about 10 feet from my birdcage --at that time we thought nothing of it ---well today that tree is growing ---the branches are quickly coming towards our cage and within another several years I think it will be completly over or through the screen ...

Last week we called the golf course and they sent out the manager the same day ... We alerted him to our concerns -(we thought it would be easy to move the tree now because it is still relatively small) his reply was that it would take that tree another 50 years to get to the point that it would be large enough to interfere with our home and none of us will be here !!!! ..

He also stated that if we were worried we could trim anything that came over our property !!!!! We love the tree and if we do that the tree will look lopsided !!!

If I were still back in NY --the tree would disappear tomorrow !!!! but since we left that all behind us.... and I have finally bought in to my calmer self
I went out and hugged the tree and apoligized for my thoughts :angel:...but still am left with what I fear will become a dangerous situtation. I have noted all my conversations and worries and will continue to pester the course administration until they get tired of hearing from me..

Documentation wins cases --if they were warned over and over about the problem they will be liable --although prevention to me would be the easier course here

good luck with you AC unit :boxing2::angel: