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JerryD5 (Colorado)
Posts: 218
Posted:
Some of you know our HOA situation (63 single family homes; 25% rented). In the past, we have had issues with children of the residents that think it is totally fine to mess up the landscaping (remove mulch, throw the decorative rocks, etc). Even after discussions with the parents and informal notices to the residents (went out HOA-wide not to specific homes), it continues. Now snow season is upon us. We have a small snow last week (about 4"). Our snow removal team did a great job at shoveling and I even laid down a little bit of snow melt on the sidewalks where there was some ice buildup. I did that at the request of one of other board members that live in portion of the HOA and to make sure the sidewalk was clear. I went back a day or two later and those same kids had put snow back on the sidewalk. In fact, they did it in 2 separate areas making the sidewalks somewhat hard to walk on.

Tonight, we are expecting a much larger snow event (up to 10"). Again, our snow crews will be out in force to shovel. I am just worried that these same kids will undo some of their work and cause the sidewalks un-navigatable (unless we pay for additional snow removal). I am frustrated that the residents in this particular area seem not to care that their kids are causing our HOA additional expenses and potentially opening up the HOA to a lawsuit if someone slips/falls. We already had a similar lawsuit several years ago (payout was mid 6 figures).

I have tried to talk with the board member who lives in this area and he sees no issue with the kids and their actions. We had a heated discussion a month or so ago about the same residents (and their kids) and he in no uncertain terms told me to not bring up the subject again (his position is that kids are just being kids and each parent has their own parenting style).

Thank you for listening to my vent. If any of you have some advice, I would be willing to listen.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Typically, Association documents allow the owners to be charged if they, their tenants or guests damage the common area. Expecting that this is the case with your Associations documents and you have actual proof, video or witnesses, that show who did it, hire a company and bill the owner. If the house is rented, then it's up to the owner to deal with the renter, not the Association.

JerryD5 (Colorado)
Posts: 218
Posted:
Tim, that is good advice. Here is the rub: at our annual meeting a few weeks ago, some of these same residents want to know what they can do to help in the association. They have offered to pull weeds, maintain plants, etc in their areas if that helps keep the cost down. However, it is their kids that are removing our mulch, throwing rocks at cars and into the street, and destroying plants. Earlier this summer, we asked these same resident to volunteer to help spread the new mulch we had delivered. Not a one showed up.

I am tired of bringing up this particular area and their issues. As I mentioned earlier the one board member said I was in no position to ask the parents to control their children because I didn't have kids myself. Their response has always been "kids will be kids" and there is nothing they can do (or should do).

I am going to look at our documents and see if there is something the board can use to bill the families for any extra work their kids might be causing.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JerryD5 on 11/16/2015 5:20 PM

I am tired of bringing up this particular area and their issues. As I mentioned earlier the one board member said I was in no position to ask the parents to control their children because I didn't have kids myself. Their response has always been "kids will be kids" and there is nothing they can do (or should do).

There right, kids will be kids and you have no right to tell the other parents how to parent.

However, the Board has the right to hold those parents (or the member if the parents are renters) responsible for their kids actions (if those actions can be proven).

I'm experiencing the same issue in our Association. I have seen damage being done and spoke to the kids directly but never have been able to obtain any other proof (other witnesses, video, etc.) that can be used to hold the parents accountable for those actions. If it's just me, then it's a case of I say they say and that never works well.

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