Disasters

Last in a series of articles on disaster preparedness  and how to safeguard your community, save lives and minimize damage.

This is the fifth in a series of articles on disaster preparedness and how to safeguard your community, save lives and minimize damage.

Question. A tenant is being forced to move his home because of a landslide. The home is currently in ABC Park and the tenant wants to move it to XYZ Park. However, there are a couple of trees blocking the home from being moved out. Management of ABC Park claims the trees aren't dead so they can't cut them down. Is the home forced to stay in ABC Park because of the trees blocking and keeping the home from moving? If the trees have to be cut down - who pays? Does ABC Park have any obligation to pay for the move since the home is being forced out because of the landslide?

Question. A couple of posts ago, I addressed a questions regarding the roots of a non-hazard tree located on the resident's space interfering with their sewer line.

There were some follow-up questions I will address below. However, here's the caveat: This is not legal advice, and community owners and managers should confer with their own legal counsel. Also, my answers are merely my opinions, and others have every right to disagree. Who is ultimately right is up to the judge before whom the matter is submitted.

Here are the follow-up questions:

A tree that was never known by anyone including the tenant, or the landlord, to be considered a "hazard tree" prior to a windstorm, later falls and does no damage. This tree was neither planted by the current tenant, nor the community.[1]

Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?

Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a "hazard tree" thereby shifting the obligation to "maintain" a hazard tree to the Landlord?

Question No. 3. Does maintaining a tree include tree removal?

Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?

Answer. Wow! Asking me if God caused a windstorm could get me in trouble. What if I'm wrong?

(This is the second in a series of articles on disaster preparedness in manufactured home communities)

For manufactured home communities, emergency management experts recommend putting together a committee of residents, with the following minimum responsibilities:

• Working with management to develop an evacuation or shelter plan
• Setting up an emergency notification system for the community
• Conducting community education programs on disaster readiness
• Setting up evacuation practice drills
• Training residents on securing their property before evacuating
• Maintaining a list of residents with special needs
• Identifying members of the community with special skills, such as nurses, doctors or others trained in CPR or medical assistance, who could help in an emergency
• Preparing contact lists for relatives and next of kin