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| Tuesday, December 02, 2008
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| Author |
Messages |
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MD
(California)
Posts:27
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| 06/18/2008 9:45 AM |
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I live in a gated community of 247 units in sunny California. There are two emergency access gates at either end of the community. A board member's children and his immediate neighbor's daughter slide under the fence as ingress/egress. The grass is being destroyed and, obviously, this is not a good way to go in and out of the community especially when there is a pedestrian gate.
The HOA has taken action against other members' whose children used sliding under a fence as ingress/egress; in fact, installing a pedestrian gate within that emergency access gate (this is another access gate on another side of the community). I have copies of these letters and the enforcement actions are documented in the minutes.
I've complained about this because I think it's an unnecessary potential liability; because I think it shows the board member's disregard for the governing documents; because I am annoyed a board member's children are allowed to destroy common area landscape and most importantly because I do not appreciate being made responsible (common area properties are held as tenants-in-common) for someone else's children. I've provided photos. I've completed the violation form as the rules and regulations direct, including obtaining other members' signatures.
Am I being unreasonable? The board member's daughter was already hurt by her actions. Am I taking too much of a leap that this is preferential treatment for board members and their friends and families? The CC&Rs have a clause prohibiting any member from potentially jeopardizing insurance coverage. I thought about sending the photos and complaints to the general liability carrier but I am concerned about the liability carrier's reaction. However, this is a forseeable, manageable risk. Am I also taking too much of a leap that members without children are subject to discrimination?
Thank you in advance for your feedback. Emma |
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BradP
(Kansas)
Posts:1742
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| 06/18/2008 10:00 AM |
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| Board members are regular members too...they should receive no preferential treatment. If other members have been sanctioned for this then your board needs to do this with the board member. |
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KirkW1
(Texas)
Posts:1145
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| 06/18/2008 8:03 PM |
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Who paid to put in the pedestrian gate on the other side of the property? If the HOA provided that, then they should do the same for the side now experiencing the problem. The bar was set on the other side of the property.
While I am sure you have good reason to implicate the board member's daughter, do you for a fact know that she is the only one? (Or that his children are the only ones?) Consider also that if the children from your neighborhood are going through here then their friends are also quite possibly doing the same. (And your only enforcement there is to call the police.) |
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SusanW1
(Michigan)
Posts:2178
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| 06/18/2008 8:21 PM |
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Replace the grass with a small-width strip of stones right under the gate. Why try to grow grass there, anyway?
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MD
(California)
Posts:27
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| 06/27/2008 10:58 PM |
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I agree grass is silly in such a small area but I do not get to make the decision on what goes by the emergency access gate.
I know the children who slide under the fence every day by sight and name. I work from home and I work in my dining room and see the kids every day. The board member's children and his immediate neighbor's daughter are the only children sliding under the fence for ingress/egress. I am very offended I am expected to accept any kind of responsibility for anyone else's children on common area property, especially for something so obviously reckless. There is a pedestrian gate that all of the other children use. This is one of many examples of the "club" that has become the HOA board. Equitable servitude is not practiced. The reality is the board member's daughter has already been hurt once sliding under the fence. Hypothetically, what would you say if a claim against the HOA was filed because one of these children was injured? "Well, yes we received complaints and did nothing. Yes, of course we have a pedestrian gate." I would think an insurance company would have ground to deny a claim for ignoring a forseeable, manageable risk. |
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EllenS1
(Florida)
Posts:353
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| 06/28/2008 6:03 PM |
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| I would definitely send a certified letter to the parents letting them know their children are not to do this and if they do the HOA is not responsible. IN WRITING. |
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TonyM3
(Arizona)
Posts:131
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| 06/28/2008 7:12 PM |
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| Maybe I'm missing something...What kind of fence allows someone to get underneath? |
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| You are not authorized to post a reply. |
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