💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JamesS27 (Nevada)
Posts: 6
Posted:
We just had our streets sealed (much like paving only thiner). Flyers were posted and mailed to the homeowners. Signs, tape and cone's were setup to let people know not to drive on the newly sealed pavement. It wasn't but a few hours later that people drove on the street, possibly damaging the paving. Also a large delivery truck driver decided to ignore the signs, tape and cones and back up the street ot deliver furniture. WHAT IS WRONG WITH PEOPLE THAT CANNOT FOLLOW SIMPLE INSTRUCTIONS?

Is there anything we can do? We spent several 10s of thousands for the job and now the job has been damaged. I have pictures of the damage as well as the address of the offending homeowner/tenant.

Thank you for any advice
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Sounds like an insurance issue.

Doesn't sound like you did a good job of blocking it off if many different people drove through it.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
PS. People are stupid.
LarryB13 (Arizona)
Posts: 4,099
Posted:
You mentioned fliers, signs, tapes, and cones. No mention of traffic cops. How exactly were owners to be given notice when the streets were ok to drive on? How were owners supposed to access their properties while the street was being sealed? Where were the sealing workers when people started driving on the streets? Where were they when that truck made the delivery? Finally, why did you believe that the rest of the world would come to a halt just because your streets were being sealed?
JamesS27 (Nevada)
Posts: 6
Posted:
The fliers and letters explained the entire operation. Closing the streets, when people can safely drive on them, and location of alternate parking during the sealing. The truck driver completly ignored the signs, tape and cones. What makes me angry is that the homeowner with the delivery knew what day the sealing was to be done and could have changed the delivery date. I even tried to stop them from driving up the street. Streets are private so traffic cops were not an option.

You would think most people would be smart enough to plan ahead. But I guess not.
GlenL (Ohio)
Posts: 5,491
Posted:
Was there actual damage or just tracks where people drove over it? If there was actual damage, you figure out how much it will take to repair it and assess the offenders their share of it including the homeowner who had the furniture delivery. If it is just tracks don't sweat it, in a month or two you won't be able to tell they are there. Next time be better prepared and pass a resolution before sealing that anyone (or their guests) driving on it before it is set will be fined $500

Studies show that 5 out of 4 people have problems with fractions
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JamesS27 on 08/20/2012 8:35 PM
Streets are private so traffic cops were not an option.

You would think most people would be smart enough to plan ahead. But I guess not.

Do they not have hired security guards in Nevada?

It sounds like the homeowners were not the only ones who failed to plan ahead.

I am curious about how your city handles sealing on its public streets. What do they do to avoid the problems you had?
JamesS27 (Nevada)
Posts: 6
Posted:
We are only a community of 120 Townhomes with a limited budget and only 5 short private streets and non-manned gated entryway, hiring security was not an option. The city would have put up barricades that would have prevented anyone from driving on the street. The paving company didn't provide those kind of barriers.
JeanneK3 (Maryland)
Posts: 562
Posted:
We just had our parking lots sealed. Not only were there letters and door-to-door notices but the management company had signs on both sides of the street leading to our development. On the actual work day there were orange cones blocking the entrance. I think your management company is at fault for not properly blocking the entrance and they should pay for the damage.
Jeanne
MikeS1
Posts: 521
Posted:
It happens everytime that we go through this process. We use a more expensive, PDC Dressing (Asphalt Rejunivinator) which last a lot longer than your typical sealcoats. It cost more by it actually penatrates the surface in lieu of most of the sealcoats which are almost like a paint; however we can extend the cycle on this maintenance item a lot longer by using this product.

Yes - We install wooden barricades, signs and Caution tape during the last event and they still went through. The paper delivery van and several residents. Some just jumped the curb and went around. One year we had volunteers posted at the barricades. The last time that we did this, we posted signs everywhere, dropped fliers at the doors, mailed every resident and we still had some jerks that were complaining that they just went to the grocery store, purchased 18 bags of groceries and now they had a bit of a challenge getting the groceries home.

We also will try to break up the event into four stages so it's not as much of a burden.

good luck.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Unfortunately, there will always be people who believe that rules don't apply to them.

As harsh as this sounds, I believe there are three types of people:

Those who do what is right because they know that in a civilized society we must all work together for the benefit of all.

Those who do what is right only because they fear the consequences of not doing what is right and being caught.

Those who don't care about society at all. They only care for themselves and their own convenience.
KevinK7 (Florida)
Posts: 1,343
Posted:
I don't think you could selectively assess homeowners unless you have 100 percent proof that they themselves skirted the cones. Now as for the furniture delivery truck, I would think it would be much easier to pursue action against that company.

I wonder as to why instead of blocking off an entire street each street isn't done in halves to allow access. I would think that blockading the road could become an issue if there were an emergency or if one homeowner were disabled and alternate parking created an unreasonable burden. When the county seals the streets in my community, they only close off to thru traffic, but they probably use the cheaper seal.
JonD1
Posts: 2,350
Posted:
James:

The bottom line is some people are just brain dead. More than likely as result of not much in the family gene pool for them cling on to.

We were in the middle of sealing our lots, the lots were done and now the yellow lines and numbering were being sprayed on. The lot was coned off a driver pulls up stops, gets out and begins to move the cones. I asked her what she was doing?????? Her response "my parking spot is in there." But the lots are not dry!!!!!!!!!!! So move your vehilce to the open lot get out of the way and shut up!!!!!!

The people who you have proof they damaged the seal coating on our property would be charged to repair the damage. The delivery company would be contacted, the driver's actions reported and they too would be asked to pay damages.

And when the seal contractor is done with his work if the area is taped off or cones are in place there is NO need to stand guard, hire security, or suggest the idiots were not told enough times or in the right manner. Just excuses for people's ignorance and stupidity.

The only question now is will the property do something or will they be allowed to get away with it???????? Small property, money tight, lots of money spent, work damaged by residents, = hold those responsible to repair the damages. As least that is what we would do here.

LarryB13 (Arizona)
Posts: 4,099
Posted:
James:

My earlier question about what your city does when they seal the streets was a trick question. I have never seen a city use the sealer you described on a public street. It is essentially a slow-drying oil-based paint that imparts a short-term appearance of new pavement. It is most commonly used in commercial parking lots where short-term appearance is more important to the owners than long-term repair.

Your response suggests that your association failed to maintain a reserve fund for street maintenance so when the time for repair arrived you were not prepared. Your board chose to apply paint instead of pavement. You hired a contractor who had neither the equipment nor the manpower to protect the paint job once it was applied. You also chose to try to block homeowners from legal access to their properties. You could have mitigated the problem by doing one half the street at a time but that would have required at least two visits from the sealers.

I suspect that the contractor showed up in the morning, spread his sealer on the streets, and then left with his crew. Homeowners came home in later and found cones and tape but no one working and nothing telling them whether the street was ready to drive on. How, exactly, were they supposed to know that the sealer was still wet when all the workmen are gone?

As a board member, I think you failed. Your job was to determine how much money was needed in the various reserve funds and then raise that money from the members. Instead, you had no reserve funds (or an inadequate reserve fund) and chose a cosmetic remedy when you needed to make repairs. Instead of addressing these failures in leadership and management, you decided to run around with a clipboard to take names and license numbers so you can blame your members for the chronic failures of your board.
JonD1
Posts: 2,350
Posted:
James you have really just two choices.

You can hold those responsible for damaging this work or you can allow the funds paid for by those owners who did not damage the work to be wasted.

You hired a contrator to perform the work. Evidently, the board had gathered the funds somehow to pay for the project. Reserve or not who really cares. Or what matter does it make.

To suggest that cones blocking off a road does not constitute sufficient notice of the lot or street being closed is simply nonsense.

And the thought the property owners were denied access to their property to seal the lots and streets well that is quite an imagination. HOAs have the right to maintain, and perform work on the property which MIGHT result in some grand sacrifice by the property residents. IMO small price to pay to improve the appearcne and help maintain the physical structure.

Latex, oil based, blacktop depends on what condition the property is in, the volume of use, the cost to the property, and the decisons made by the board.

We seal coat or lots and streets every three years. The blacktop is 30 years old now and in relativly good condition because we maintain them.
Most residents understand the whys and what fors and go along with the project and appreciate the benefits. Happily we don't have any morons who drive over work that cost thousands nor idiots who think they have the moral right to do so.

IMO it is no the board's fault because you are an ignoramous.

But like with raising kids some people turn a blind eye to bad behavior let it go and do nothing. Others understand part of the learning curve is to understand some things are done for a reason and you need to work with folks rather than doing what you feel like. If not in the end you end up with some simpleminded folks who drive other freshly sealed lots and think nothing of it.

But if you have lots of money to throw away.....DON'T WORRY ABOUT IT.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By JonD1 on 08/23/2012 8:07 AM

And the thought the property owners were denied access to their property to seal the lots and streets well that is quite an imagination. HOAs have the right to maintain, and perform work on the property which MIGHT result in some grand sacrifice by the property residents. IMO small price to pay to improve the appearcne and help maintain the physical structure.

Not necessarily. In Florida, a HOA cannot restrict vehicular or pedestrian ingress and egress to a parcel. Not sure of any other states laws.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here