💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JasminS (California)
Posts: 8
Posted:
An owner in our HOA did some work on their unit and ended up flooding some storage spaces on HOA property. This resulted in damage and loss of goods for a few homeowners. A dollar amount was placed on the lost itmes by an outside company. The offending owner was originally going to pay the affected parties, but then was advised not to do so by their insurance company. The board held an Executive Session meeting in order to collect payment from the offending homeowner. The board proceeded to negotiate a settlement on behalf of the affected parties for less money than the items had been valued at. The affected members were not invited to the meeting and had not given permission for the board to negotiate a lower amount for them.

Did the board have the authority to negotiate and accept a lower amount on behalf of the affected homeowners?

Thanks
TimB4 (Tennessee)
Posts: 21,047
Posted:
What does your governing documents say about damage to other units?
It may give the board the authority.

Based on your use of the word unit, I suspect that you are in a condominium. Is this correct?

Was the Board aware that the individuals insurance company advised them not to pay?
What was the reasoning behind the advice not to pay?
Was the Association partially responsible?

There just isn't enough information provided to offer an opinion.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Is the storage place owned by the HOA? What is that arrangement? Do the owners rent the space from the HOA or is it included in the dues? That would be important information to know. It is possible the HOA could negotiate on behalf of the owners depending on who is responsible for the storage space and how it is handled.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By JasminS on 01/11/2012 1:58 PM
Did the board have the authority to negotiate and accept a lower amount on behalf of the affected homeowners?

If someone's personal property was damaged within the storage unit, that person does not have to accept that amount that was negotiated. They can easily peruse the person who caused the damage in court and probably win. But that is work they would have to do on their own or make a claim to their own insurance company.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JasminS on 01/11/2012 1:58 PM
Did the board have the authority to negotiate and accept a lower amount on behalf of the affected homeowners?

In Arizona the answer would be a very emphatic "NO!." Rule 31 of the Arizona Rules of the Supreme Court prohibit non-attorneys from representing anyone other than themselves. The rule defines the practice of law as, among other things, "negotiating legal rights or responsibilities for a specific person or entity."

The Arizona State Bar has the power to enforce that rule by obtaining an injunction in the Superior Court at the offending party's expense. I think you can find similar language in the California code.

No matter what settlement the BOD negotiated, the individual property owners are not bound by it. Their remedy from the outset has been to make a demand for restitution on the person who caused the damage and then file suit if he fails to pay.
JasminS (California)
Posts: 8
Posted:
Thank you all so much for the help.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here