Hoa members son damaged front entrace

Started by ChristyD1 • 18 replies • 1695 views

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ChristyD1 (South Carolina)
Posts: 11

Posted:

Ok on Tuesday night a homeowners son crashed into our fencing that leads out the neighborhood. He knocked a good bit down and knocked down one of our street signs as well.
A police report was filed and it does list the damage. Well Wednesday afternoon the dad is up there trying to put fence back together and sign back up. Well it's not sturdy and the wood is now damaged in some areas. He is messing with it before we've even deceided if we were going to contact his insurance company or not.
Any Suggestions how to handle this? We are in South carolina

TimB4 (Tennessee)
Posts: 21,062

Posted:

If it were me, I would contact the member and thank him for his attempts at fixing the damage. However, the Board does not believe the repairs are sufficient. Inform him that the Board will get estimates for the repair and be in contact with him once those estimates are in to see how he would like to proceed.

Then get estimates and ask if the member would like to pay this up front or to have his insurance deal with the issue.

KerryL1 (California)
Posts: 14,550

Posted:

Yes, Christy, follow Tim's advice right away!!!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I agree. Good for the Dad but he has to be politely (repeat..politely) stopped and let the insurance company take care of it.

JerryD5 (Colorado)
Posts: 218

Posted:

I second following Tim's advice.

ChristyD1 (South Carolina)
Posts: 11

Posted:

Yes the fence looks like crap. OUr President is supposed to go talk to homeowner.I wasnt it resoved and fixed now. I don't know how long we have to file an insurance claim with his company or if the homeowner will effect the claim. He did not have our permission to repair any of the accident damage.

Thanks Christy

MarkM31 (Washington)
Posts: 556

Posted:

Quote:

Posted By ChristyD1 on 01/15/2015 7:51 PM
Yes the fence looks like crap. OUr President is supposed to go talk to homeowner.I wasnt it resoved and fixed now. I don't know how long we have to file an insurance claim with his company or if the homeowner will effect the claim. He did not have our permission to repair any of the accident damage.

Thanks Christy

Well, since this is day two, you're still OK. Don't get too antsy demanding that it "get fixed, and fixed now!".

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Your HOA will need to file against the boy's insurance or his family must pay, out of pocket, for the repairs to be conducted by a reputable third-party vendor. This isn't a negotiation time for your HOA.

BillH10 (Texas)
Posts: 1,217

Posted:

Why does the HOA have to do anything besides file a claim with its property damage insurance carrier? The insurance carrier will have the fence and other damages repaired. The HOA carrier will then subrogate the claim to the insurance carrier for the person who caused the damage.

In my view, and I am no expert on such matters, the more "arms-length" the HOA can remain from the property owner and his son, the better. Forget the fact the damage was caused by the son of a resident. What would the HOA do if the damage was caused by the son of a non-resident? Or what would they do if they did not know who caused the damage?

SkunT (Ohio)
Posts: 73

Posted:

Quote:

Posted By TimB4 on 01/14/2015 8:59 PM
If it were me, I would contact the member and thank him for his attempts at fixing the damage. However, the Board does not believe the repairs are sufficient. Inform him that the Board will get estimates for the repair and be in contact with him once those estimates are in to see how he would like to proceed.

Then get estimates and ask if the member would like to pay this up front or to have his insurance deal with the issue.

Actually Bad advice since once his insurance is contacted and even if the Guy foots the bill himself, he's under the double jeopardy snafu of insurance once it's gets reported it's on his Car auto policy anyways and counts against the Father for the son's deed.

SkunT (Ohio)
Posts: 73

Posted:

Quote:

Posted By BillH10 on 01/16/2015 3:02 PM
Why does the HOA have to do anything besides file a claim with its property damage insurance carrier? The insurance carrier will have the fence and other damages repaired. The HOA carrier will then subrogate the claim to the insurance carrier for the person who caused the damage.

In my view, and I am no expert on such matters, the more "arms-length" the HOA can remain from the property owner and his son, the better. Forget the fact the damage was caused by the son of a resident. What would the HOA do if the damage was caused by the son of a non-resident? Or what would they do if they did not know who caused the damage?

Yes that's like someone hits the fence and sign and runs off, will this HOA wait to fill a claim until they find this Hit and fence/sign runner? Times cost of repairs wax's and wavers and are higher during peak season times. The property Management company would of filed the accident right when they found out if they're a good company and if they were told about it..

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By BillH10 on 01/16/2015 3:02 PM

Why does the HOA have to do anything besides file a claim with its property damage insurance carrier?

Technically, they do not.

However, since the father apparently, through his attempts at fixing the damage, wants to make things right, why not give them the option?

I had a neighbor hit my vehicle. They came over and told me. Had they not told me, I would have never known. Therefore, I gave them the option on how they wanted to repair the damage. To me it was the civil thing to do. BTW - they chose to have me use their insurance company.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By SkunT on 01/16/2015 10:16 PM

I don't see how he would be under double jeopardy.

I do understand that since a police report was made, the vehicle was likely damaged and charges may have likely been made by the police, that the insurance company is aware of the issue.

That doesn't mean that you can't be civil to the father who is trying to take responsibility for his child's actions. If I was the father, I would appreciate the offer. I would likely have the insurance take care of it, but I would appreciate the offer.

AllisonD (Florida)
Posts: 449

Posted:

If it were me, I would want to pay for the damage myself rather than going through the insurance; my rates will go up and it will cost more in the long run. As a parent, I would appreciate the choice be given to me.

MarkM31 (Washington)
Posts: 556

Posted:

Quote:

Posted By TimB4 on 01/17/2015 7:34 AM

I do understand that since a police report was made, the vehicle was likely damaged and charges may have likely been made by the police, that the insurance company is aware of the issue.

Accident report or police report? Regardless, since only an infraction occurred, which was not seen by the police, there is no chance of charges being filed.

ChristyD1 (South Carolina)
Posts: 11

Posted:

Son was arrested for driving under the influence. I would bet they aren't filing a claim to fix the older model truck bumper damage. WE don't use a property management and neighborhood since the beginning does not hold any insurance policies. Time for yearly dues to be paid so I'm hoping none of the homeowners dispute paying that with the front entrance fencing looking like it does.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By ChristyD1 on 01/17/2015 7:47 PM
Son was arrested for driving under the influence. I would bet they aren't filing a claim to fix the older model truck bumper damage. WE don't use a property management and neighborhood since the beginning does not hold any insurance policies. Time for yearly dues to be paid so I'm hoping none of the homeowners dispute paying that with the front entrance fencing looking like it does.

Under these circumstances, I would definitely follow Tim's advice.

Sikubali jukumu. Read all posts at your own risk.

MarkM31 (Washington)
Posts: 556

Posted:

Then I'm all wet

CyrstalB (Maryland)
Posts: 457

Posted:

I am at a loss as to why you need help in this matter. Are you a new board? Why are you looking for suggestions on how to take care of someone damaging property? Your responsibility as a board is to not only file a police report, but to call your association insurance and report the damage done. Since the father seems to be taking responsibility, call him and thank him and tell him it's an insurance matter now. End of story.

Why o why are simple matters made so complicated?

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