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DonaldT4 (Massachusetts)
Posts: 13
Posted:
We have a problem in our condo with a resident who has on multiple occasions damaged property while driving his car in our garage. The condo has 45 units, and each unit has 1 or 2 assigned spaces in the garage. The garage is common area, and the deed for the individual in question gives him "the exclusive perpetual right and easement to use parking space number xx as shown on the floor plan..."

The gentleman is elderly and has some physical limitations (he uses a walker). Until recently, the damage has been to association property -- scraping the posts in the garage, and hitting the wall in front of his parking space. Last week he hit another resident's car. I feel sorry for the guy, but my concern is that he'll hit a human next. Would an injured party not have a course of action against the Association if we fail to act?

Anyone have experience with a comparable situation? My thought was to bar him from driving in the garage, on the theory that he has demonstrated that he cannot use the garage facility in the manner intended, just as we might bar someone from using gym equipment that they had consistently misused.
SheliaH (Indiana)
Posts: 6,964
Posted:
If he damaged community property, you hold him financially responsible for that every time. If may be all the money he pays out to you might slow him down. Or hitting the neighbor's car could do it,especially when his insurance company hikes his rates of tosses him altogether.

I don't think the association could be held responsible, unless there's an issue concerning something physical that led to the accident that it was responsible for, such as poor lighting. You could try to talk to a family member in confidence and suggest a visit to the doctor. Sometimes the issue is something that's easily fixed, like a reaction to a medication. Until then, a talk with the man may be helpful don't make threats, but let him know the number of incidents is becoming a problem and you don't want him or anyone hurt

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
Do you have security cameras that capture the accidents this gentleman is having? If so, fine him appropriately. I doubt you can ban him from the garage without facing serious legal repercussions.
KerryL1 (California)
Posts: 14,550
Posted:
With Augustine & Sheila, keep fining him the cost of repair for every instance when he damages common area property.
CathyA3 (Ohio)
Posts: 6,299
Posted:
This is for Ohio, but may provide helpful info for board members in other states:

https://ohiocondolaw.com/article/five-things-to-know-when-an-elderly-resident-needs-help/
RoyalP
Posts: 1,104
Posted:
notify DMV of your 'elder driver' concerns
RoyalP
Posts: 1,104
Posted:
Quote:
Posted By CathyA3 on 04/28/2019 10:30 AM
This is for Ohio, but may provide helpful info for board members in other states:

https://ohiocondolaw.com/article/five-things-to-know-when-an-elderly-resident-needs-help/

Communicate with the family. When there is no change in the situation or no response to the letter, contact the resident’s family. Communicate in writing. Again, use a gentle tone and be fact-specific. Generally, elderly residents’ relatives will step in to ensure proper care for the resident and relieve the association of the responsibility.
Contact support services for the elderly. When family members fail to act, the association should seek help from social service agencies. The city, county, and state all have agencies equipped for dealing with the elderly. It is best to start locally and work from there. Often, local agencies provide services directly to elderly residents. If and when they do not, they will refer the association to an agency that will.
RoyalP
Posts: 1,104
Posted:
The RMV Reexamination
A RMV reexamination is when a person’s driving skills must be reevaluated based on one or more factors, including the driver’s physical or mental condition, or driving record. A RMV reexamination may be recommended by a family member, physical or emergency medical technician, or peace officer.

Other times, information in your license renewal application or on your driving record may prompt a reexamination. If you feel a driver is unsafe or incompetent, you may report the same to the RMV by filling out a Request for Medical Evaluation form. You can either fax this to (617) 351-9223 or mail to:

Massachusetts Registry of Motor Vehicles
Medical Affairs Branch
P.O. Box 55889
Boston, MA 02205
GenoS (Florida)
Posts: 4,276
Posted:
The state issued him a Driver's License. His insurance company insures him. The association should fine him for damaging common property. Damaging other vehicles or persons would be insurance events.

I don't think the association needs to do anything else because doing so would evince a pattern of the association accepting responsibility for the guy's actions. Those are covered by other entities. I'd keep the condo association out of it beyond recovering for actual damages to the common property.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Would an injured party not have a course of action against the Association if we fail to act?


No.

But you should call the police each time he hits something. Need to start a paper trail and the state will revoke his licence if necessary.
LetA (Nevada)
Posts: 2,679
Posted:
Royal hit the nail on the head The HOA President or the CM should file the needed docs with the Mass DMV. It is important that you submit evidence such as video surveillance clips or photos of the damage that the driver has done. Does the elderly person have any family? Maybe a family member can contact their doctor to file a paper with the DMV to get the persons driving skill reevaluated.

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