Get 2 months of free community web site hosting from Community123.com!
Sunday, July 22, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: HOA Property Damage
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JerryD5
(Colorado)

Posts:203


04/16/2018 2:51 PM  
During a recent winter storm, a non-HOA member lost control of their vehicle and did extensive landscaping damage to HOA property. The damage resulted in the removal of a 10-year old tree and 4 mature spirea bushes. Our property manager has finally located the driver and has sent a demand letter to recoup our damages. It is our intention, once we collect, to replace the tree and the 4 bushes. Our PM included a copy of our landscaping company's bid for the project (approx $1200).

I assume the driver had insurance (the car had extensive front end damage from hitting a street sign and the tree). Would other boards go directly to the driver for the costs? Or have an attorney re-send a demand letter to the driver? Or finally, have our insurance company contact the driver's insurance company for payment?

DouglasM6
(Arizona)

Posts:724


04/16/2018 3:10 PM  
You're going to need a police report.
MarkM19
(California)

Posts:77


04/16/2018 3:24 PM  
You do need to contact the insurance carrier and let them know the HOA has property damage. This should be very easily handled. I would not advise paying a lawyer to do anything till you absolutely need them. They love to charge billable hours for stuff that is not needed.
KerryL1
(California)

Posts:5395


04/16/2018 3:42 PM  
How do your governing documents say the HOA must proceed to collect monies from Owners when they damage the common areas??

Our has a clause saying we can charge them for the damage. Our Rules & Regs say we must call them to a hearing for their side of the story. The hearing letter, assuming he really did it, would contain the CC&R clause and a copy of the estimate to repair the damage. Within xx days of the hearing, assess his account for the damages.

There's no need for a police report. I don't think our HOA would contact insurance on something like this.
MelissaP1
(Alabama)

Posts:7481


04/16/2018 4:38 PM  
You may need the police report to help file an insurance claim if needed. I am sure if you file against the owner's insurance, they want proof that there is a report of the accident. Taking pictures of the after effect doesn't necessarily prove their car did the damage.

Now that doesn't mean this can't all be avoided by contacting them first to see how they react. If it's negative, then make sure to get a police report and contact insurance. Otherwise, ask them to pay the bill or get another quote if they would like for the same work.

Former HOA President
JerryD5
(Colorado)

Posts:203


04/16/2018 5:42 PM  
I should have mentioned that we do have a police report. It listed the member's information and a description of the accident (he was going too fast for conditions and lost control of his vehicle). He is not a member of the association; he lives somewhere else in the area.

We have a board meeting tomorrow night. I suspect the member won't pay up willingly (its been past the 30 day demand for payment as stated in the letter). I will see if we can either go directly to his insurance company (we have that info too) or have our insurance company try to collect on our behalf.

Thanks for the answers so far.
JanetB2
(Colorado)

Posts:4108


04/16/2018 10:47 PM  
I would submit to your insurance company and let them pursue or follow their advice. They might ask you to contact the vehicle owner’s insurance to see if they will just pay and if they do not your insurance can then pursue the issue. That is why you pay for and have insurance.
BenA2
(Texas)

Posts:521


04/17/2018 7:50 PM  
Posted By JanetB2 on 04/16/2018 10:47 PM
I would submit to your insurance company and let them pursue or follow their advice. They might ask you to contact the vehicle owner’s insurance to see if they will just pay and if they do not your insurance can then pursue the issue. That is why you pay for and have insurance.



This is good advice. What you have is a common traffic accident and the member's insurance should cover it, regardless of what your CC&Rs say. Don't over complicate it.

JerryD5
(Colorado)

Posts:203


04/25/2018 4:43 PM  
Update: Thank you to those that suggested to have our insurance company contact the driver's insurance company. That worked like a charm. The insurance company is cutting us a check for the common area damage. Im glad to have a community like this to ask questions and get sound advice.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > HOA Property Damage



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement