liability

Started by BB5 • 7 replies • 1350 views

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BB5 (Missouri)
Posts: 145

Posted:

We recently had a major snow storm there was 10 or more days of weather predications prior to this hitting our HOA did not contact anyone to make sure our roads would be cleared no one could get in or out for four days after the storm if there had been a medical emergency/fire would the HOA be held liable ?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Of course. But just remember, you would be suing yourself because you are a member.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is the typical "They/Them" sydrome I like to call it... Seems people think the HOA is some kind of entity. A HOA is YOU and YOUR NEIGHBORS. So if no one called anyone to ploy you out then you ALL are responsible for NOT participating and getting the job done. HOA is a TEAM effort/sport!!!

As far as liability. Sure why NOT sue? People can sue for ANYTHING and ANYTIME. Facts in life... However, you sue the HOA your suing yourself and your neighbors... Won't that make you popular? Plus it is much much cheaper to counter-sue than bring a lawsuit. Don't be paranoid and react to every threat of lawsuit. It's just talk/empty threats until the paperwork is filed... Not every lawsuit is justified nor is it a guarantee to win. Don't live in the fear... live in the reaction of fear...

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

Weather is usually considered a "natural disaster" beyond anyone's control. Potentially there is minimum liability regarding natural disaster scenarios.

JeanneK3 (Maryland)
Posts: 562

Posted:

Everyone:
The officers have a fiduciary responsibility to make sure the community is safe. Of course the association would be liable which is why one makes sure emergencies are prepared for.
Jeanne

JanetB2 (Colorado)
Posts: 4,219

Posted:

Well … in this scenario I can say because my HOA is not responsible for maintaining or snow plowing the public street, that my HOA would not be liable … so

BB5 … does your assessments pay for street maintenance and snow plowing or are they public streets maintained and plowed by the local government?

Either way there is still the issue of weather being considered an act of god or natural disaster, beyond an individual or HOA's reasonable control.

BB5 (Missouri)
Posts: 145

Posted:

Part of our dues are to pay for road maintenance. The officers have made it VERY Clear they are the ones running the show and you don't do/say anything without their approval.

AnnD2 (Connecticut)
Posts: 76

Posted:

Get out your bylaws and find out how to call a special meeting. Go to your neighbors and get them to sign a petition and submit it to your Board, calling a special meeting. Hold a special meeting to discuss snow removal and emergencies.

If there is a Board meeting scheduled soon enough for you to feel comfortable waiting, just attend the Board meeting with other neighbors who share your concerns and get the Board to address this matter.

If for some reason your Board does not allow "visitors," (You will need to check your state laws to find out if that is legal. It isn't in my state.) write a letter and send it certified to the president of the Board. That will document your attempts to have them address this problem. Then if something happens, you have documentation that you raised this issue and were ignored. Liability lawyers love that....

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