Threatening to sue

Started by PaulN • 16 replies • 2238 views

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PaulN (New York)
Posts: 11

Posted:

We are in upstate New York with freezing cold tempatures & 4 feet of snow. One cul-de-sac lights are out and the unit owner is telling us that he does not want to see the white snow turn red by him falling. We cannot fix the lights at this time due to the weather. I have told him if he feels that he is going to fall he should not use his secondary home. He does not like this answer. Any Help??

JM2 (Oregon)
Posts: 439

Posted:

Hi Paul:

I would do whatever I could to see that the lights get fixed...document what you do, contacts & calls you make; response from vendors/power company/etc. to protect the HOA.

I would also explain that you are doing everything possible, repeat the list of steps taken. If needed, give him a flashlight and batteries and a deep apology, let him know that the problem will be fixed as soon as possible but to use the flashlight in the interim.

One question - I understand that your area has gotten a lot of "Lake effect snow" this year, is this his first year up there? It may be that the neighbors need to let him know what's expected/not expected up there in the winter.

Is de-icer a possibility, or is it too cold for it to work?

We are in Western Oregon, on a hilly area (some slopes greater than 16%) and there are areas that just cannot get plowed. We let owners know each year that we won't be plowing streets, and that the city has limited capability to plow; we advise them to plan ahead when snow/freezing rain/etc. is coming, to work from home, buy groceries ahead, etc. and review their insurance deductibles to know when it's not worth even trying to get out. Our Board spent $40k several years ago proving that we couldn't effectively take care of snow and ice, so they decided to advise owners rather than waste the money in the future.

JPM

PaulN (New York)
Posts: 11

Posted:

This is there 4th year in the community we have 150 homes and during the off season we have 3 permenant residents and 7 weekenders. The ground is frozen and to fix these lights right now would cost $20K While in 3 - 4 weeks we can fix it for $50.00 I think this owner is trying to make a stink for no reason. He put the community on notice, we told him not to use his house and now if he does its at his own risk.

JoeW1 (New York)
Posts: 728

Posted:

PaulN - Let me get this straight, you told him not to live in his residence? If so, LOLOL, but not really. I wouldn't like the answer either. The owner must be reasonably patient on the fix, especially given the weather. However, a professional response would be to thank the owner for bringing it to your attention, and that due to the weather, a fix is not possible. A repair ticket has been issued and once the weather permits, the light will be fixed. Or something to that effect. Are you the Property Manager, Board member?

As for threatening to sue, there's nothing to prevent the owner from a slip and fall claim. Saying it's due to the light being out is a stretch if you ask me. Good luck!!

BradP (Kansas)
Posts: 2,640

Posted:

I would agree with Joe on this one, if I was told I couldn't use my home that I paid for then I would be a little irate. The best you thing you can do is document the steps you have taken to get it fixed and what responses you have received. I can't see one light being the end all/be all and if it is truly 20k to fix now and $50.00 to fix in a couple of weeks I think 99% of americans would agree it is reasonable to wait.

He can sue all he wants, as long as you are doing what you can about the situation he has no leg to stand on.

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By BradP on 03/23/2007 10:32 AM

He can sue all he wants, as long as you are doing what you can about the situation he has no leg to stand on.

BradP - no leg to stand on especially if he slips and falls!!!

PaulN (New York)
Posts: 11

Posted:

Joe:

This is a person that has a primary home in New York City and this is his secondary home in New York State about 1 1/2 hours away. Therefore its not as if he is homeless. Yes, he pays his maintenance charge but that does not permit him to live where he is put in harms danger. In a few weeks we will fix the cul-de-sac lights and he then can go back to enjoying his secondary home. Yes, as well I have been documenting everything to cover myself and the community from a lawsuit.

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By PaulN on 03/23/2007 11:30 AM
Yes, he pays his maintenance charge but that does not permit him to live where he is put in harms danger.

PaulN - You realize the comment you made is incorrect? You cannot deny him access to his home, doing so is illegal. Unless authorities issue an evacuation, or the home is legally condemned the owner can live whe he or she wants. The light being out does not in and of itself put him in "harms danger", the poor visability coupled with snow and or ice does. Hence you should handle the owner's concern in a professional manner, and offer solutions other than moving. Yes, I understand about the the fiscal savings of waiting to do the fix.

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By PaulN on 03/23/2007 11:30 AM
This is a person that has a primary home in New York City and this is his secondary home in New York State about 1 1/2 hours away. Therefore its not as if he is homeless.

PaulN - Whether or not the home is primary or secondary, the owner has a right to stay where the owner chooses. It's rather nervy and not within your jurisdiction to decide for the owner which home to stay in. I suspect there is more to the story here, perhaps the owner is frustrated at the management style, or lack thereof?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Aren't we taking the statement a little too seriously? It's like telling someone if they don't like what's on TV turn the TV off!!! It's the same thing here. If your scared of "falling" then don't put yourself in danger's way. Just stay away until the proper repairs can be made.
NO ONE can force someone to do repairs even in an emergency if dangerous or impossible conditions exist. Read any insurance clause. This situation isn't a life or death situation. It's an inconvenience. NOT worthy of much discussion other than saying the timeline when this item can be fixed or it's on the list for repair. End of story.
Remember, suing your HOA is suing yourself and your neighbors. So if they want to sue sooo much, let them. What are they going to get really? Not much if anything. I always say, if you want to sue your HOA, let them file first. It's cheaper to defend yourself and countersue.
All in all, this is just an "empty" threat. Just to make a reaction. The HOA can only do what it can do and that's it. Can't squeeze ketchup out of a lemon.

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

Melissa:

So as a board member you are ok telling a person they can't go to their home? That is an unprofessional response. I understand that some homeowners are completely irrational and many times I have wanted to squeeze their necks, but a response like that only worsens the situation. I am taking the comments on face value because that is all I have to go on, but I think as a board member it is important that you step back and look at the situation and choose your words wisely. He could have apologized, explained what they have done, the challenges with doing it now and the money savings by waiting. The owner might have understood and thanked him. Obviously without being there it is hard to say and we can only speculate.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It may have been an unprofessional comment but who in the HOA is a professional? How do you become a professional homeowner??? Most likely, I would have told them the same thing. If you feel unsafe due to the light being out, then don't come to the property. I am NOT telling them they can't come to the property. They can come all they want. Just know the light is broken and can not be fixed due to incliment of weather. Common sense.

Former HOA President

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Why not hook up a temporary flood light that he can control? Use an extension running from his house or an outside electrical box.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Why not hook up a temporary flood light that he can control? Use an extension running from his house or an outside electrical box.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By PaulN on 03/23/2007 9:19 AM
We are in upstate New York with freezing cold tempatures & 4 feet of snow. One cul-de-sac lights are out and the unit owner is telling us that he does not want to see the white snow turn red by him falling. We cannot fix the lights at this time due to the weather. I have told him if he feels that he is going to fall he should not use his secondary home. He does not like this answer. Any Help??

That was a really bad response. I'm not surprised that he does not like it.

Are you talking about street lights? As others posted, make efforts to repair the lights and keep him informed. He cannot expect an immediate repair if the weather prevents it. Consider temporary lighting if this falls within the HOA responsibility.

Ron
SC

LadB (New York)
Posts: 3

Posted:

buy him a flashlight!

TimB4 (Tennessee)
Posts: 21,059

Posted:

LadB,

This is an old thread (from 2007, 6 years old). It's best not to reactivate old thread as laws change and what may have been good advice in 2007 is bad advice in 2013.

Tim

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