board member sueing insurance company

We have a hostile board member who is going to sue the HOA insurance company because he wants the insurance company to pay for damage to his car that was scratched by peacocks. He is making the other board members very uncomfortable by his doing so. Any feedback would be appreciated.

He's barking up the wrong tree...First off, he should make a claim against his OWN insurance who then may or may not contact the HOA's insurance company to collect. There is NO need for a lawsuit as much as just making an insurance claim.

Talk to the HOA's insurance company and review the policy. Does the HOA own these peacocks? If not, then the insurance claim should be forwarded to the owner of the peacocks (Pea fowl we call them). Are there laws in regards to retaining such wildlife? This could then be an animal control problem and NOT HOA. Any which way, I can't imagine the HOA being responsible and they will make a fool out of themselves in court.

My parents had a wild peacock that ran around their neighborhood all the time eating catfood. It belonged to a farm up the road but liked to escape. I don't think you can do much to contain a wild flying animal. It would fall under "acts of God" concept. Ironically, I had a renter who put a baby Emu in my backyard. Lawncare was aware of it and refused to mow. No one notified me about it. Scared me to death when I opened my gate!!! They are some MEAN birds!!! So your post brought back some memories...LOL!!!

When I live on a farm, the expectations of keeping in any "Winged" animal wasn't enforceable so to speak. You can fence in cows, sheep, and goats but you can't keep a good bird down..LOL. Yes, there are chicken coups and Emu/Ostrich enclosures but nothing is escape proof.

There would have be an ordinance/law prohibiting "free range birds". However, unlike enforceable leash/inside cat laws, they most likely don't exist. In this case, the HOA/Owner should contact their local animal control on their policy about winged/exotic animal control. That may shed some light on who's responsible.

Hi Joanne:

I would follow Tim’s advice above.

I think this is just one of those instances where someone is trying to get an HOA to pay for something they are not responsible for, instead of paying themselves out of their own pocket or their personal vehicle insurance cover.

I would inform the individual to file a claim with their insurance company and let their insurance company then potentially contact the HOA insurance, if they feel it is warranted. If the insurance companies inform them that it is not covered then they can file a lawsuit; however, the animal in question is a wild animal. Would an HOA be responsible in say Alaska or Montana if a grizzly bear climbed all over a vehicle and scratched the car?

If he knew there were Peacocks running around and potentially causing vehicle damage, then he should have put a car cover over his vehicle. In essence individuals also have a responsibility in the care of their personal property.

Some of this was discussed previously on this post:
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/107833/view/topic/Default.aspx

Hi Steve:

I would have to respectfully disagree depending on the circumstances.

If there were rats running around within a condominium with shared crawl space, walls, etc. then potentially the HOA could be responsible for maintaining the nuisance. However, if a single family home has rats running around, then it would be the homeowner’s responsibility to maintain their property and said nuisance.

If a wild bird decides to sit on my car and take a crap is the HOA then responsible for washing my vehicle? The HOA is not the forest service or other wildlife management service. Peacocks are prevalent in Florida as wildlife and individuals who choose to live around peacocks deal with the circumstances, just as those who live around bears, mountain lions, etc. also deal with those issues.

The HOA does not own, did not bring onto the property, and therefore I believe should not be responsible for said wildlife. If they did own and maintain the Peacocks, then yes they could potentially be responsible.

If the homeowner does not like them, he can feel free to hunt them down, have a big BBQ, and invite all the neighbors.

Everyone,

Ferel peacocks are a huge problem in South Florida. Money says that the peacocks are not the responsibility of the HOA nor it's insurance company. There are trapper companies making a lot of money trying to catch these birds. HOA....not their responsibility.