Property Damage - Collection?

Over the last few weeks two of our more 'notable' residents have significantly damaged our HOA property and have not reimbursed us for the repair costs.

In the first case, the resident drove over a group of mailboxes. We had a witness and a police report. Cost of repair $900. In the second incident, the resident couldn't wait for the gate to open and drove through the gate doing $1000 of damage. All on security video. Resident 'promised' to pay.

Neither of these residents have responded to written requests. Neither has paid the 2008 HOA assessment which was due January 1st. While we can (and are) taking the steps to place a lien on the homes for non-payment of the assessment, we don't seem to have a way to collect for the damages.

We are looking for ways to deal with the issue. Other than hiring an attorney - who has already cost us $2500 dealing with one resident - is there anything we can do?

PeterB1,

I’m certainly no lawyer, by any means, although it sounds to me, your association would need to sue the HO to recover money spent to fix the repairs and ALL expenses incurred, court costs and attorney should also be recovered.

I understand that you don’t have “extra” money to hire an attorney, however I don’t believe there is anything else you can do, in order to collect for these damages!

Both incidences seem like an open and closed case, although the witness maybe questionable, in a court of law. However, the video surveillance would seem to be pretty sound PROOF. IMO

In my association we (BOD) can assess a specific assessment-basically you can charge the HO the costs of such damages. Which would require an attorney.
Unfortunately it takes money to make money!

Hopefully others will have some less expensive advice to offer

Best of luck
Chuck W.

If you consider this vandalism I wouldn't bother with insurance. Otherwise do a thorough background check, that will often lead to the insurance carrier and if they were insured at the time.

PeterB1: Do you have a police report for both incidents? Can the police and DMV be of help here to assist in next steps and to learn of insurance coverage.

You would certainly need proof of the incidents showing that the resident/s actually committed the 'crimes', as well as the police reports that would detail both situations.

Mike,

Excellent suggestion. I have the police report & insurance. Can I just call them and 'submit' a claim? Have you ever done this.

peter

Peter - You have the Insurance information for the folks who caused the damages? If so, Yes, Peter, Carefully document your claim for damages with as many facts that you know along with the proof which is the security tapes (I assume) and then call the Insurance carrier. Tell them that you'd like to file a claim for property damage against one of their insured. Make sure that you have all your documentation such as repair bills and/or repair estimates.

No one should be forced to file suit against the other party and no one should be force to use their own 1st party insurance coverage and then wait for their insurance company to subrogate the claim. In most states, it's against the law for any insurance company to force you to use your first party coverage under your policy.