Abate liability with preventive tree maintenance

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Protect your manufactured home community from liability over broken or downed trees

  1. Proper maintenance of trees on your manufactured home community property is essential to safety of residents and mitigating liability.
  2. There can be serious insurance implications, including loss of coverage, if trees on the property are not maintained.
  3. Manufactured housing community owners can face legal matters and financial concerns related to unaddressed tree maintenance.

Trees play a vital role in enhancing the beauty and livability of manufactured home communities. Their presence not only enriches the environment aesthetically but also contributes significantly to the physical and mental well-being of residents. According to Savatree, “Trees increase our quality of life by bringing natural elements and wildlife habitats into urban settings.”

However, if not maintained, trees can become a serious liability. As a manufactured home community owner, it’s vital that you regularly review the health of the trees on your property and provide the needed maintenance to avoid liability claims.

Tree maintenance can affect safety

Imagine there’s a magnificent tree on your manufactured community property. The tree is old and extremely large. Everyone loves its shade and the beauty it provides to the community. It’s easy to forget that the tree doesn’t take care of itself when it comes to maintaining its old, heavy or dying branches. According to MHomebuyers, “You would be surprised how many potential hazards there are in a mobile home park. Just one example that people often take for granted is trees. If not properly looked after and maintained, branches can drop on houses, cars, people or on the road.”

Mitigating risks: The importance of regular tree maintenance for safety and liability

When it comes to safety and liability, regular inspection and scheduled maintenance on the trees in your community can make all the difference. It’s your responsibility to provide a safe environment for your tenants. In fact, many insurance policies require this type of maintenance. Many companies require manufactured home community owners to perform regular loss control checks and provide proof that work has been done on the trees. According to New York State Department of Environmental Conservation, “Trees should be checked regularly (at least once a year) and especially after storms. Most trees do not die suddenly but decline slowly over a few years and checking them regularly will help prevent you being surprised by their death or failure.”

According to Mobile Home University, “If a live tree falls due to storms or wind, it’s often considered an “act of God,” and the park owner may not be liable. However, if a tree was dead, diseased or known to be hazardous, the park owner could be held responsible for resulting damage. Park owners should conduct regular inspections and maintenance of trees to mitigate risks.”

In one known instance, a large tree, close to a home in a manufactured home community, fell over and crashed into the home, literally cutting the home in half.  A resident was seriously hurt and suffered a lifelong debilitating injury when the tree collapsed onto the home. The liability may fall upon the community owner for this incident.

Related: 8 common home safety hazards and fixes – Arrowhead

Putting it all together: Key reasons for maintaining trees on your property

It’s crucial for manufactured home community owners to regularly maintain trees. See the reasons below:

LIABILITY AND SAFETY

Potential injuries: If tree maintenance is not part of regular safety assessments, falling branches or entire trees can present risks and potentially cause serious injuries or fatalities.

Property damage: Unmaintained trees or large branches are more likely to fall, possibly causing damage to manufactured homes, community property or vehicles.

Related: How to prepare your clients for hurricane season

INSURANCE IMPLICATIONS

Premium increases: Damage or injury can occur due to trees or branches falling. If you don’t maintain the trees on your property, you may experience an increase in premiums.

Claim denials: If you have not maintained a known hazardous tree, and damage occurs due to that tree falling, you may be denied coverage. This could leave you, the community owner, financially responsible.

Difficulty finding coverage and non-renewals

When assessing the risk of insuring a property, insurance companies will consider claims associated with tree damage and any related injuries or fatalities. If, as a manufactured home community owner, you have a history of claims related to tree maintenance negligence and any associated damage, you’re more likely to experience a non-renewal of your policy and have difficulty finding future coverage.

LEGAL MATTERS

Lawsuits:  Residents could sue the park owner for negligence if they suffer injuries or property damage due to poorly maintained trees.

Regulatory fines: Local authorities may enforce fines or penalties if you fail to address unsafe trees, especially if they violate local laws.

FINANCIAL CONCERNS

Expensive debris removal: Windstorms can cause dead trees or branches to fall and cause damage, leaving behind a significant amount of debris. And if your policy does not cover debris removal, it’s important to make the effort to maintain trees throughout the year and before storms to avoid high debris removal costs that can often be more expensive than preventative maintenance.

Tenant turnover: If a community experiences recurring tree-related problems, manufactured home community owners could experience dissatisfied residents and higher turnover rates.

Best practices for manufactured home community owners

As a manufactured home community owner, by neglecting tree care, you risk significant potential harm to residents and property, liability, insurance implications, legal troubles and financial concerns. It’s important to note that certain jurisdictions may vary their regulations, and lease or rental agreements might negotiate some aspects of tree maintenance responsibility. However, the overall tendency is that manufactured home community owners bear the primary responsibility for helping ensure tree safety on their properties. Follow these best practices to help alleviate risks:

  • Maintain comprehensive insurance coverage for the manufactured home community.
  • Keep detailed records of all tree maintenance, inspections and removal jobs. This can be valuable for insurance purposes.
  • Conduct regular tree inspections and perform required maintenance.
  • Advise tenants to report any potential tree hazards.
  • Inform tenants about any restrictions on planting or removing trees on their lots.
  • Consider removing hazardous trees proactively.
  • Clearly define responsibilities in lease agreements.
Related: Top 10 fall home maintenance tips for homeowners
Agents, take a look at our program for Manufactured Housing to add to your portfolio of insurance solutions. 

 

RESOURCES:
Mobile Home Park Insurance
About – Mobile Home Park Investing Forum
Tree Policy – Mobile Home Park Investing Forum
Misconceptions About Property-Insurance Coverage for Trees on Houses
Cancellations and Nonrenewals | Department of Financial Services
Caring For Urban Trees – NYSDEC