Damage caused by landscape contractor

Started by JosephH2 • 9 replies • 6021 views

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JosephH2 (Pennsylvania)
Posts: 57

Posted:

I need some advice as new president of homeowner controlled HOA.

Per our Declaration, the HOA hires a contractor to mow all the lots and common areas.

This summer we had several complaints from homeowners about damage to their property caused by the mowers - a broken outdoor faucet, a broken dog tether, etc.

In all cases no one saw the event but it appeared very likely that the damage was due to the mowers. The landscaper says he can't be responsible for these complaints if no one saw what happened.

We can't watch all the mowers all the time so I'm looking for any advice for dealing with this.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is covered by the lawncare insurance for damages. Hence why your contractor claims the blind defense. The contractor you hire should always be licensed and insured. We required a minimum of 1 Million for contractors. Which is pretty standard amount when contractors get insured.

If the owner comes after the HOa (and they will) refer to the lawncares insurer.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Read and understand the contract you entered into with the contractor

Is there a provision for mediation?
What does it say about damage?
Were items like the dog tether's location approved and easily seen?

Perhaps in future contracts, you should consider no longer mowing individual lots.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

In our all single family home HOA, the HOA does all landscaping (including each ownwers lot) and one is not allowed to place anything on a grassy area as it will interfer with the mowers.

We had an issue of people putting planters on their grass. They were asked to move them to a non-grassed area like place them on the driveway at the house end of the driveway.

Each home does have a backyard of about 15x20 sq ft screened in by a 6ft privacy fence. The HOA does not maintain this area and one can pretty well do as they wish within the confines of the fence as long as what they do does not exceed the height of the fence.

PeterD3 (Florida)
Posts: 708

Posted:

The burden of proof is on the accuser. If you can't prove it then you have no recourse against anyone.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JosephH2 on 10/08/2012 5:22 PM
The landscaper says he can't be responsible for these complaints if no one saw what happened.

So, I am not guilty if there is no witness.

Hire another contractor with a bit more scruples.

JM10 (California)
Posts: 503

Posted:

I agree with Larry. A dog tether is one thing, but a sprinkler head?

What happened to good service? Shop around for a landscape contractor who is more community friendly.

My father was a landscape contractor and we didn't want the lawn mower messing with anything but grass.

DJ1 (Ontario)
Posts: 798

Posted:

Quote:

Posted By JM10 on 10/09/2012 8:40 AM
I agree with Larry. A dog tether is one thing, but a sprinkler head?

What happened to good service? Shop around for a landscape contractor who is more community friendly.

My father was a landscape contractor and we didn't want the lawn mower messing with anything but grass.

I see the argument for the dog tether assuming it was left on the grass but the op didn't say 'sprinker head', he said 'outdoor faucet'. Those are not the same thing to me. An outdoor faucet is usually something on the side of the house (ie. hose bib). If the mower hid a sprinkler head it would have been sticking up out of the ground waiting to be hit...OR I would think the lawn would be scalped in the same area to cut low enough to damage a ~flush with the ground sprinkler head. If it was a outdoor faucet the mower would have been pretty close to the house.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

JM10 - I agree w/ you. A vendor contract is a business relationship and not a friendship. The vendor's answer of "there are no witnesses so we're not liable" is a non-answer. The community needs solutions and a professional who serves HOA communities could share the observations of other properties over this excuse.

However, the vendor should not be moving private citizens' belongings out of the yard on a weekly basis because residents are too lazy to to fulfill their responsibilities - duties which come directly from choosing to live in an HOA.

Communication hasn't been clear in this controversy between vendor, board and residents.

JC7
Posts: 31

Posted:

What does your contract say? A standard contract usually says any damage done by the contractor will be repaired by the contractor at his own expense. I have yet to see a contract say "only if you see us do it" LOL. If the vendor won't work with you and there's been a signifcant amount of damage I would look for a new landscape service.

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