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LoriM15 (Florida)
Posts: 1,009
Posted:
We have a homeowner who is complaining because she leaves her home early in the morning and is afraid she is going to hit residents who are walking in the street. Our streets are private and controlled by HOA. We do have sidewalks, but people prefer to walk in the street because they are uneven where they hit the driveway cut-ins. This is not a maintenance issue - it's the way they are constructed. We have good street lighting. The streets are very narrow and in a car it is sometimes difficult to see around the bends in the road. However, we have sent out emails to residents warning them of the danger of walking in the streets and we are putting an article in the monthly newsletter. The board doesn't know what else we can do, but this homeowner keeps trying to tell us we have legal liability if she hits someone because we are refusing to take action. We told her we can't stop people from walking in the street. Her suggestion of the board and association staff patroling the streets in the morning is out of the question. I feel like we have done everything we can do - but the board president is trying to appease this homeowner. Any thoughts or comments?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By LoriM15 on 02/16/2021 7:14 AM
The board doesn't know what else we can do, but this homeowner keeps trying to tell us we have legal liability if she hits someone because we are refusing to take action. We told her we can't stop people from walking in the street.
If the HOA does tell people to stop walking in the street, or start patrols or similar, my understanding is that this could be used as evidence against the HOA if someone is hit.

Consider getting a HOA attorney's opinion. As needed, and if the HOA attorney agrees, tell this person that, on advice of counsel, you are saying nothing more on the subject.

Mostly I suspect the problem is a HOA member who badgers, and the Board, lacking smarts, is letting her get to them. This HOA member can say whatever she wants during open forum. But the Board has zero obligation to respond to her, and considerable obligation not to respond to her. If the directors cannot get up the backbone to ignore this HOA member's remarks at this point, then this is their problem.

With badgering people, I favor the response, "Asked and answered."
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LoriM15 on 02/16/2021 7:14 AM

Any thoughts or comments?

The HOA can not control the actions of others.

Ask the homeowner for suggestions to correct and, as a followup, how to pay for it.

Notices in newsletter

I don't think you need a legal opinion.
Feel free to get one if desired.

If someone is hit, the issue will be sorted out by the police.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Lori

Say we are in receipt of your request. Then ignore her.
SheliaH (Indiana)
Posts: 6,964
Posted:
What tim and john said. You can't always protect people from themselves, no matter what you say. If grown people are too addled to remember things like what sidewalks are for, maybe a near miss or two will remind them.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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