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| Sunday, September 07, 2008
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| Author |
Messages |
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TerranceS
(Ohio)
Posts:1
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| 03/13/2006 10:01 AM |
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This matter concerns the rights of an association to hold a resident responsible for damage caused by a visitor at their house to common property owned by the Association.
We are an association of fifty residential homes incorporated in the state of Ohio. Each residence and the lot on which it sits are privately owned. The fifty residences are located within the larger boundary of the Association at large. The common property consists of pools, tennis courts, roadways, and other items. There are gates at the main entrance for entry into and exit from the Association.
Recently, a resident invited her married daughter to visit her. Upon leaving, the daughter drove her vehicle into the exit gate and tearing the one-ton gate from its mounting in the brick-wall pillars. The daughter will not pay for the damages and the mother will not pay for the damages.
The reasons why they will not pay for the damages is presently not the concern. What is the concern is how to address this matter should it happen again. I have taken the position that as co-owners of the Association property, we have the right to draft a new article to our covenants stating that residents are responsible for their guests and visitors. In cases where the guest or visitor damages Association property, the guest or visitor should be held liable first. If guests or visitors fail to make the necessary restitution, the Association should hold the resident that invited the guest or visitor into the Association responsible for the damages.
Has anyone had a similar situation and if so, I would like to hear from you.
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RogerB
(Colorado)
Posts:3625
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| 03/13/2006 11:20 AM |
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Terrance, have you check your CC&Rs carefully? Most would have language holding owners responsible and liable for actions of the guests. You can contact your insurance company about the damage and if you have proof of who damaged provide it to them. They should be able to handle this for you. With proof the cost should be paid by the daughter's insurance and not cause an increase in your HOA insurance.
Yes, you can and should amend your Declaration of CC&Rs if this is not already covered.
Roger |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
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BeckyW
(Florida)
Posts:26
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| 04/02/2006 10:57 AM |
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We are a FL gates community and HOA and our Covenants do cover responsibility, so as Roger suggests - do recheck your docs.
We are currently dealing with "guest" damage to our entry gate to the tune of $3600. The video (yes, we've resorted to surveillance cameras) and info have been turned over to the Sheriff's office.
While the damage wasn't done with a vehicle, we will check with insurance - thanks for the reminder, Roger. |
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BeckyW
(Florida)
Posts:26
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| 04/02/2006 11:00 AM |
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One other thought --- tho I'm assuming this is on private property as she hit the exit gate... we previously signed a reciprocity agreement with the county to allow traffic enforcement. This would allow the Sheriff to go after her for a felony traffic incident if that happened her.
b |
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BarbaraS
(New Mexico)
Posts:46
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| 04/28/2006 4:49 PM |
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| In our small community, our carports have a slight incline at their entrances. One of our owners added concrete to this ramp to raise it scraped the bottom of his car. The added concrete has now come loose and taken a portion of the original ramp with it. Should the owner be charged with the repair of this ramp? |
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BrianB
(California)
Posts:1591
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| 04/28/2006 5:05 PM |
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| Barbara: yes. |
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