JohnH38 (South Carolina)
Posts: 100
Posts: 100
Posted:
Friends,
Here are the facts, names are fictitious:
1) Adolph painted the concrete sidewalk located on the 12'5" roadside in front of his lot and ergo owned by the association.
2) Years later lady Kim (short for Kimberly) slipped on it when it got wet and broke or damaged her ankle, it took almost one year for Kim to recover the use of her leg.
3) Kim is suing Adolph and the board for undisclosed damages, let's say $1 mln for the sake of the argument.
4) At the time Adolph painted the sidewalk, both Adolph and the board believed the sidewalk was part of the lot, and not part of the roadway (roadway = road + curb + roadside).
5) After the lawsuit was filed, Adolph sold his house to Joe and moved out of SC.
6) Neither Adolph nor his listing realtor told Joe (the new owner) about the lawsuit, neither did the board. They all claim of course that Joe didn't ask!!! LOL
I am aware that Fact 6) is irrelevant to the case, but I mention it simply to remind folks of the old adage « Buyer beware! ».
All parties and their attorneys will meet next month in an attempt to "settle" the case, if no settlement is reached it will go to trial. With a jury trial the board doesn't
stand a chance given POAs are hated by owners and judges alike, mark my words.
There is no question in my mind the current board is responsible for the negligence of a previous board not knowing they own the sidewalk and ... Adolph is gone!
The association insurance probably has a substantial deductible that all owners will have to contribute to, well after all they voted for that board, didn't they.
Pura Vida
PS In tempore non suspecto, when the builder of the house across the road from Adolph's installed brick columns on that roadside, I told the board, the property manager and the DRB (design review
board) it was "illegal" and eventually a few months the builder moved them back 12'5" from the curb.
Here are the facts, names are fictitious:
1) Adolph painted the concrete sidewalk located on the 12'5" roadside in front of his lot and ergo owned by the association.
2) Years later lady Kim (short for Kimberly) slipped on it when it got wet and broke or damaged her ankle, it took almost one year for Kim to recover the use of her leg.
3) Kim is suing Adolph and the board for undisclosed damages, let's say $1 mln for the sake of the argument.
4) At the time Adolph painted the sidewalk, both Adolph and the board believed the sidewalk was part of the lot, and not part of the roadway (roadway = road + curb + roadside).
5) After the lawsuit was filed, Adolph sold his house to Joe and moved out of SC.
6) Neither Adolph nor his listing realtor told Joe (the new owner) about the lawsuit, neither did the board. They all claim of course that Joe didn't ask!!! LOL
I am aware that Fact 6) is irrelevant to the case, but I mention it simply to remind folks of the old adage « Buyer beware! ».
All parties and their attorneys will meet next month in an attempt to "settle" the case, if no settlement is reached it will go to trial. With a jury trial the board doesn't
stand a chance given POAs are hated by owners and judges alike, mark my words.
There is no question in my mind the current board is responsible for the negligence of a previous board not knowing they own the sidewalk and ... Adolph is gone!
The association insurance probably has a substantial deductible that all owners will have to contribute to, well after all they voted for that board, didn't they.
Pura Vida
PS In tempore non suspecto, when the builder of the house across the road from Adolph's installed brick columns on that roadside, I told the board, the property manager and the DRB (design review
board) it was "illegal" and eventually a few months the builder moved them back 12'5" from the curb.