|
| Friday, November 21, 2008
|
|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
BB2
(Missouri)
Posts:26
 |
| 02/28/2008 12:20 PM |
|
| We have a very small HOA the road is gravel and belongs to the subdivision. The HOA maintains the road and carries liability insurance. We have one owner that operates a tractor on the road causing considerable damage and changing the drainage could the HOA bill this person for repairs and if there were an insurance claim that went beyond the coverage limits could the individual creating the problem be sued. From a homeowners perspective this damage is intentional as they would like to have the road near their property blacktopped with everyone else helping to pay for it. |
|
|
|
|
SusanW1
(Michigan)
Posts:2117
|
| 02/28/2008 1:19 PM |
|
If ONE owner is causing EXTRAORDINARY damage to your road, you need to approach him and find out what's going on.
In our subdivision, you could not run a tractor up and down the road that much. Is he running a business? What on earth is he doing to tear up a gravel road?
In any case, he cannot change or disrupt the road. What makes you think he'd act any better if the roads were paved?
How are the roads maintained currently? do you do regular grading?
|
|
|
|
|
JosephW
(Michigan)
Posts:753
|
| 02/29/2008 7:49 AM |
|
Anytime damage is incurred, the association usually has a right to expect the offender to pay for it. Collecting is another matter. First, you're going to have to document (prove) that the specific owner was responsible for the specific damage (any good defense lawyer could claim it was delivery trucks, not the tractor, that caused the damage, without specific proof).
Next, contact an attorney to make sure the local laws don't exempt farm vehicles from certain liabilities. (Don't laugh, I know a county in my state that gives them absolute right-of-way and exempts them from most liabilities.)
Third, the attorney can check the docs to make sure you have the authority to single out the individual and whether you should just make the repairs and bill him, or sue for the damages.
Joe |
|
Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|