HOAleader.com - Tip of the Week - January 24, 2014
Published: Fri, 01/24/14
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Sue the Owner! No, Sue the Guest! Which is Best?
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In this week's tip, we answer a reader's question about whether you can go
after owners' guests who damage HOA property.
An HOAleader.com asks, "A guest of one of our homeowners recently rammed
into our driveway gate at 3 a.m. because the guest didn't have the remote
control required to open the gate to exit. The incident was witnessed by
several homeowners (after he crashed the gate), and we know which homeowner
he was visiting. We'll be filing an incident report with the police and
seeing if we can file a hit-and-run claim with his insurance company. Some
feel we should be able to hold the homeowner of which this person was a guest
responsible for the damage. What do you suggest is the best course of action
to limit the cost to the HOA?"
"HOAs can go after owners whose guests damage HOA property," says Debra A.
Warren, CMCA, CCAM, PCAM, senior vice president at Dallas-based Associa(r),
a community association management company with offices throughout the
United States, Canada, and Mexico. "Most documents usually say the
provisions apply to owners and guests.
"But the challenge is whether it's going to be worth it," adds Warren. "You
can always request that owners take responsibility. But if they say no, then
the issue of proof and the owner's liability becomes a problem. And any time
the association goes after an owner in court, judges will look harshly on the
association for that. It's the typical David versus Goliath syndrome. The
association already comes in being the bad guy. That's the dilemma."
"What concerns me about this reader's question is that several home owners
witnessed the incident," says Worrall. "At the end of the day, if there's a
lack of cameras or access control devices to prove whom the guest visited,
those witnessed it are going to have to be willing to testify. The HOA will
notify the unit owner of the damage, move forward with repairs to the gate,
and then charge the unit owner to reimburse the HOA. You put all that in
writing and have pictures. But none of that means anything if the unit owner
decides to contest responsibility and the HOA has no solid proof or
witnesses to back it up. So you have to make sure you have all your evidence and
ducks in a row so you know you can enforce it."
You can take steps today to ensure you can prove your case tomorrow. Find out
how in our new article, http://www.hoaleader.com/members/942.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Can You Go After HOA Owners for Their Guests' Damages?
An HOAleader.com asks, "A guest of one of our homeowners recently rammed
into our driveway gate at 3 a.m. because the guest didn't have the remote
control required to open the gate to exit."
Click here to read full article:
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Clearing the Smoke on HOA Tobacco and e-Cigarette Bans
In this week's tip, we discuss recent trends in HOAs regarding
smoking--even with the newfangled e-cigarettes. One of our experts
recently drafted the first smoking ban at one of his associations,
including in owners' units. In addition, an HOA in Virginia has banned
e-cigarettes. Can and should you ban smoking and e-cigarettes?
Click here to read full article:
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Be Sure Your HOA Passes Its Annual Check Up
In this week's tip, we discuss your annual check up. If you're running your
HOA like a top, you should be doing certain things annually. Here are just
three of seven crucial tasks you should have on your annual to-do list.
Click here to read full article:
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Tobacco and e-Cigarettes: What HOAs Should Know
One of our experts recently drafted the first smoking ban at one of his
associations--including in owners' units. Here we get the details. In
addition, an HOA in Virginia has banned e-cigarettes. Read on to learn what
e-cigarettes are and get our experts' opinions on whether boards can and
should ban them as they might ban regular tobacco smoking.
Click here to read full article:
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Time for Your Seven-Step Annual HOA Check Up
If you're running your HOA like a top, you should be doing certain things
annually. Here's a rundown of seven crucial annual tasks.
Click here to read full article:
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