Tree Removal according to NC Law
Hurricanes, tornadoes and ordinary storms can all damage trees. No matter why a tree or tree limb(s) fall, there is often the question, “who is responsible for clean-up?” Standard homeowner’s insurance typically covers damage to one’s home from fallen trees. However, that insurance only covers tree removal/ damage for those that fall on your home or garage, and/ or block a driveway or wheelchair ramp. Trees and tree limbs that fall in your yard, but does not create damage or block access in/ out of your home, are not covered and the homeowner is responsible for clean-up.
The same rule applies whether the tree that caused damage was originally planted on your property or an adjacent lot. This means, if a healthy tree falls, whoever is impacted by the fallen tree is also the one responsible for any damage or clean-up to their own property. The only exception to this rule is if the tree is clearly dead (or dying), the owner is aware of the situation, but does not address the issue and the tree causes damage to someone else’s property… in this case, the owner of the tree is responsible (not the person whose property was damaged). Please pay attention to trees in and around your yard (including adjacent lots). If it appears a tree may be of threat to your property, contact the land owner immediately. Keep documentation (i.e., certified letters, pictures, etc.) on file so if an issue arises, you will have proof of acknowledgment and therefore will not be held accountable. For additional information, please visit https://www.jmdlaw.com/timber-who-pays-when-a-tree-falls/
Reporting Damaged or Fallen Trees:
- Golf Course: Contact Trump National Golf Club at 704-799-7300
- Brawley School Road (not blocking roadway) and POA Common Areas (including Walking Trails): Contact Hawthorne Management at firstname.lastname@example.org or call 704-377-0114
- Blocking roadway and/ or poses a safety issue: Contact the Sheriff’s Office at 704-878-3100
As a reminder, ALL tree removals require approval by the Architectural Change Committee. If there is a tree that needs to be removed ASAP, please take a photo of the tree and e-mail the image to email@example.com specifying where it is located and your request will be expedited for approval. For changes that are not urgent, please fill out the Change Request Form found online at http://thepointatlkn.com/wp-content/uploads/2019/04/ArchitecturalLandscapeChangeRequestForm-Fillable.pdf
- Most approvals take 7-10 days; however, if there is an emergency, approvals can be obtained same day.
- Requests involving trees within the lake setback (50 FT from lake), must go through Duke Energy by submitting a Construction Application, available on the Duke Energy website at https://www.duke-energy.com/community/lakes/services/permits-shoreline-activities.
If you have additional questions, please contact Hawthorne Management Company at firstname.lastname@example.org or call 704-377-0114.