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JohnM88 (Maryland)
Posts: 3
Posted:
We have young man who is a menace to the community. He is 19yrs, ,don't work, been in and out of jail, caught on camera stealing and damaged the community monument. Over the holidays he stole a vehicle and while he was chased by police he ran into our community monument causing 12k in damage. Unfortunately, the HOA did not have insurance to cover the common area so the Home owners will have to cover the cost. My question is can we go after his parents to cover the cost. He did not steal their car it was someone else's and we know it will be a waste of time to go after him. The community feels we should send a letter to the parents to pay for the repairs. Is it appropriate to ask them to volunteer payment before we attempt legal. Our fear is we don't have legal recourse against the parents.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is a duplicate post. I would say contact the court system. They may make him repay restitution to you for the damages. It seems it should be part of his punishment in his charges. So may want to look into that as far as filing charges against them for damages.

It's hard to say parents pay for it as he is 19. The law may not allow that. This is a criminal matter. So I would suspect the damages again would be for the court system to be aware of to force payment as punishment. Which then the parents may pay on their son's behalf or be sued.

Former HOA President
JohnM88 (Maryland)
Posts: 3
Posted:
Yes, I saw it posted twice. Don't know why. We are going to contact the community lawyer to see if we have recourse. The Board member wanted to draft a letter to the parents to see if they would volunteer to pay. Home owners are responsible for the damage their guest and family members do to property and we wanted to give the parents the opportunity first.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You all need to contact the police. The Police can only press charges they can NOT drop them. That is up to the court. Since property damage was involved, then may need a police report no matter what route you go. Insurance companies, court, or even the parents may need one filed to take actions.

Former HOA President
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By MelissaP1 on 02/10/2019 6:29 PM
The Police can only press charges they can NOT drop them. That is up to the court

Actually more likely the prosecutor
MarkM19 (Texas)
Posts: 1,459
Posted:
I would say have the HOA insurance company contact the plaintiff insurance company. Let them fight it out. The only people that should not worry id the HOs. They did not do anything and are responsible for paying the premiums to have the insurance carrier handle these issues for them.
SamE2 (New Jersey)
Posts: 310
Posted:
Does he live with his parents? Is he does they invited him to the property and should be responsible for the damage he caused. You should also make sure it is reported to the police.
JeffT2 (Iowa)
Posts: 880
Posted:
Make a claim on the stolen car's insurance. That insurance company should pay and it is their problem to go after the kid or not.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By JeffT2 on 02/10/2019 10:00 PM
Make a claim on the stolen car's insurance. That insurance company should pay and it is their problem to go after the kid or not.

That’s not how it works in the US. The owner of the stolen car is not responsible for damages to a third party.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By SamE2 on 02/10/2019 8:12 PM
You should also make sure it is reported to the police.

He crashed while being pursued by the police.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The son is an adult. You first go after any insurance he may have (auto).

If the son is living with the parents or staying on the property without paying rent, then a case could be made (depending on the wording of your governing documents) that the owner is responsible for the actions of their family, guests and tenants. Might take legal action.
BillH10 (Texas)
Posts: 1,217
Posted:
John, one you settle on a course of action in this matter, my recommendation is the association obtain property damage insurance for the common areas features which are insurable so you do not have to go through this in the future.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JohnM88 on 02/10/2019 4:13 PM
Unfortunately, the HOA did not have insurance to cover the common area

But the son is the menace.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
They living on the edge w/ no insurance coverage on common property.
KerryL1 (California)
Posts: 14,550
Posted:
Has it been made clear here WHO owns the house where the son lives? If the parents, your documents probably say that the Ones pay for any damage done by their guests, tenants, invitees, etc.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 02/12/2019 1:26 PM
Has it been made clear here WHO owns the house where the son lives? If the parents, your documents probably say that the Ones pay for any damage done by their guests, tenants, invitees, etc.

This would be worth looking into.
SharonW3 (North Carolina)
Posts: 30
Posted:
Our docs state that owners are responsible forr their guests, invitees, tenants. An adult son of an owner drove through our metal gates causing $5300.00 in damages. With our entry video we were able to identify the car/driver. We contacted the owner who admitted that her son "had a problem". The board held a hearing at which time she was given the opportunity to defend/deny (she did neither). We assessed her account with the cost of repairs, suspended her privileges to amenities (pool) and she paid it off over a year. The cost of a review by our association attorney was also added to her account. Litigating in court would've cost much more time & money.

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