Expert: Bennie 719 - 5/15/2008

Question
    I live in a 2 bedroom condo with my girlfriend (though she technically owns the condo) which has previously refused to give us two permit parking passes, forcing us to rotate the permit pass and one of us to park under large, fragile looking trees in the visitor's area.
    There was a storm on the East coast last Sunday (May 11th, 2008).  I was on my way to my car for work Monday when I noticed a large portion of a tree was resting where I thought I had parker my car.  Needless to say the tree did damage to my body and engine, making my car undrivable, possibly totaled (I'm still waiting to get an assessment of damages).  Sadly, I had just paid off my car payment, and with my car being 10 years old I changed my coverage to liability, which does not cover such incidents.  I went back inside to get a camera/call the police to file a report etc... and when i returned the maintenance crew was next to my car trying to remove the tree before the police could arrive.  
    I finally was able to contact the Condo Management Office and they said they would claim no responsibility for the matter as it was an "Act of God".  However, my car was almost crushed last summer by the tree right next to the one that just fell on my car.  Also, it appears the undamaged part of the tree that ruined my car has had other limbs either fall off or cut off due to impending danger.

    My question is whether my Condo Management should be held liable because of negligence and lack of upkeep, which I pay a large condo fee each month to ensure, and since my girlfriend and I had practically no choice but to park under those trees (despite our pleas to the management for another permit), or even whether they should be held liable due to the fact that their property damaged my property.

Am I going to end up having to eat the costs for the fault of the condo management?

Thanks so much for your response

Answer
Hi Lawrence,
A fallen tree is considered an act of god and you have no claim UNLESS the tree was dead or diseased.

If your phots and/or the police report can establish that the tree was dead or diseased, you have a claim against the liability policy of the condo insurance.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated,

Sincerely,
Bennie
San Francisco Bay Area