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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AmyJ2 (South Carolina)
Posts: 5
Posted:
My elderly mother owns a condo and is up to date on her HOA/regime fees. If someone she knows accidently hit the Cluster Mailbox unit and knocked it down is she responsible?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It depends. Does someone want to know? If not, then the HOA may have to pay for the expense for repairs. The only difference is that the HOA may not be able to pin the cost on an individual. Either way the HOA will most likely pay and it will be in the recovery options that will be the concern.

Former HOA President
TimB4 (Tennessee)
Posts: 21,061
Posted:
If the someone she knows was a guest of your mothers, then yes, your mother would be responsible. This is because most governing documents (and a few States statutes) places responsibility one the member for actions of their family, guests or tenants.

Your mother would be able to take legal action to collect the money from the friend. However, the Association would deal with the mother.

Of course, the other option is to simply identify who the friend was and have the Association deal with that persons insurance company.
JonD1
Posts: 2,350
Posted:
So someone your Mother knows accidentally caused damage to the common property mailbox.

And you wish to know who is responsible for the cost to repair.

My opinion would be the person who caused the damage. If not the cost will be covered by all the neighbors for damage they had nothing to do with.

As suggested the party who did the damage or if this person was on the property invited by your Mother either would be liable for this cost.

My question if not the person who did the damage or your Mother who do you think should cover the repair cost????
KerryL1 (California)
Posts: 14,550
Posted:
Our CC&Rs also make the Owner responsible for any damage caused by their invitees, tenants, etc., etc. In CA the mother would need to be called to a hearing after which the board would got whether or not to assess her account for the damage.
AmyJ2 (South Carolina)
Posts: 5
Posted:
It was my sister that caused the damage. And yes I do believe that she should have to pay for it not my mother. My sister has called and talked to them so I'm not sure why they can't take this off of my Mother's bill and charge my sister. Also this happened in late November last year, the President of the HOA did come out and talked to my sister (not in a nice way) and my sister told her that if she needed any of her information, insurance etc that she could get that from my mother. Then nothing was said anymore about it and nooone contacted my mother. Also my Mother was at one of the HOA meetings in January and nothing was mentioned about it either, Then out of the blue my mother gets this bill. When my sister called the HOA company to discuss it and explain it was her and not our mother that hit the mailboxes they said they weren't going to charge anyone but that the President of the HOA called and told her to put it on my mothers bill.. Any advise or anything on how I can get this burden off of my Mother?
AmyJ2 (South Carolina)
Posts: 5
Posted:
Also since they waited so long to bring this charge up to my Mother via mail is it to late for my sister to contact her insurance company? We live in SC
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Amy

How much is the bill? If only a few hundred dollars than tell your sister to pay it and be done with it. Otherwise have your sister file a claim with her auto insurer.

What is so difficult about this?

AmyJ2 (South Carolina)
Posts: 5
Posted:
It is a 600.00 bill for pretty much 4 4x4s and paint.. which is ridiculous.. I agree it should be as easy as my sister just pay it but we all know how difficult family can be sometimes. I just want to know if it is possible someway to have the bill put in my sister's name and not my Mothers. She is 75 years old and she needs no more stress on her.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Amy,

Did your sister file a claim with her insurance?

If she did, the Association would likely have been contacted.

The failure of being contacted can imply to someone that the responsible party is doing nothing to address the issue.

Again, the Association has a contract (the CC&Rs) with your mother, not with your sister. Have your sister get into action and file a claim or pay the bill outright (not in payments) and the debt will be removed from your mothers account. Otherwise, it will stay on the account and, if not paid within a reasonable time, may be the basis for a lien and (worst case) foreclosure.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By AmyJ2 on 04/16/2016 9:07 AM

It is a 600.00 bill for pretty much 4 4x4s and paint.. which is ridiculous.

$600 sounds about right.

You are forgetting the cost of labor (which typically goes up for a small job).
FredW5 (Florida)
Posts: 177
Posted:
One of our elderly residents hit one of our cluster mailbox units last year. It has occurred twice.

The Post Office informed us that they would repair/replace, which they did, although it took several weeks.

No one was fined, and our HOA did not have to pay to repair /replace the actual units (Boxes)

Upon repairing, they found wood rot and termite damage, which the HOA had to pay in order to replace the housing..

(We were told that the boxes, units, etc were Post Office Property, but the housing was HOA responsibility.)
JonD1
Posts: 2,350
Posted:
Quote:
Posted By AmyJ2 on 04/16/2016 9:07 AM
It is a 600.00 bill for pretty much 4 4x4s and paint.. which is ridiculous.. I agree it should be as easy as my sister just pay it but we all know how difficult family can be sometimes. I just want to know if it is possible someway to have the bill put in my sister's name and not my Mothers. She is 75 years old and she needs no more stress on her.

While I can understand family difficulties seems the problem lies 100% with your sister.

The HOA has no standing with your sister. Your Mother as a resident does have responsibility for the damage done by her guests.

Rather simple. Have your sister submit payment either with her own money or through her insurance. This was a rather simple issue.
And please cease with now questioning the charges. Or how long it took to notify your Mother. This has no bearing nor does it provide an escape from your sister's responsibility.
AmyJ2 (South Carolina)
Posts: 5
Posted:
J thanks for your response- I do ask why you are requesting me to please cease with now questioning the charges? I am merely trying to protect my elderly Mother who I am her caretaker of. Thanks for your concern.. and I am completely aware that My Sister Yes should have sole responsibilty for but yes we all have family that are not so responsible. I merely ask for advise on how to handle that issue if my sister is like that???????????????

PitA
Posts: 1,416
Posted:
.... through a small claims court suit brought by your mother against your sister

or

pay the bill and be quiet
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By AmyJ2 on 04/16/2016 7:02 PM

I merely ask for advise on how to handle that issue if my sister is like that???????????????

Really, the choices boil down to what JohnB (aka Pita) has stated:

1) Pay the bill and move on.
2) Pay the bill and then file a claim in small claims court against your sister to recover that cost.

🎯 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