DonaldT4 (Massachusetts)
Posts: 13
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.
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.