WilliamK9 (Florida)
Posts: 3
Posts: 3
Posted:
If an unlicensed driver is given access to a gated community and there is a serious accident, can the HOA be held responsible?
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Community Access to Unlicensed Driver -
Started by WilliamK9 • 14 replies • 255 views
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DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Reported to support as spam.
Escaped former treasurer and director of a self managed association.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I saw the topic and thought it was about an HOA trying to use bootleg software...
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
I get your Joke Cathy... There is a risk for everything. However an unlicensed driver is an illegal situation. If damage happened it would be criminal. The HOA could sue them for damages not other way around...
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By MelissaP1 on 05/22/2024 12:23 PM
I get your Joke Cathy... There is a risk for everything. However an unlicensed driver is an illegal situation. If damage happened it would be criminal. The HOA could sue them for damages not other way around...
I get your Joke Cathy... There is a risk for everything. However an unlicensed driver is an illegal situation. If damage happened it would be criminal. The HOA could sue them for damages not other way around...
I agree.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
William, can you please elaborate a bit more? Who would be giving an unlicensed driver access?
If the board is doing their due diligence and hires a contractor that is licensed and bonded by the state or
local jurisdiction and that contractor hires a driver that is not licensed by the DMV, that would be on the contractor
to verify not the HOA. If you are guard gated and have guards check credentials and the driver does not have a
drivers license you can instruct your guard to turn them away. Have you guard report to the property manager or
the board president when they turn away a worker for no drivers license so the board and PM can address it with the vendor.
If you hire someone directly and they have no credentials, like a State contractors license, no bond, they will be more
likely not to have a drivers license and no vehicle insurance either. Then the HOA will be on the hook.
If the board is doing their due diligence and hires a contractor that is licensed and bonded by the state or
local jurisdiction and that contractor hires a driver that is not licensed by the DMV, that would be on the contractor
to verify not the HOA. If you are guard gated and have guards check credentials and the driver does not have a
drivers license you can instruct your guard to turn them away. Have you guard report to the property manager or
the board president when they turn away a worker for no drivers license so the board and PM can address it with the vendor.
If you hire someone directly and they have no credentials, like a State contractors license, no bond, they will be more
likely not to have a drivers license and no vehicle insurance either. Then the HOA will be on the hook.
BillD16 (Texas)
Posts: 971
Posts: 971
Posted:
Quote:
Posted By WilliamK9 on 05/22/2024 10:06 AM
If an unlicensed driver is given access to a gated community and there is a serious accident, can the HOA be held responsible?
If an unlicensed driver is given access to a gated community and there is a serious accident, can the HOA be held responsible?
I'm not a lawyer. But my non-lawyer opinion is that if the lawyers get involved in some kind of personal injury suit, they will do the "big pockets" thing and go after anyone and everyone they think they can make a claim against. My (again, non-lawyer) understanding is that it is not uncommon for such claims to be settled because it is more cost-effective than fighting it out in court. But ... did I mention I'm not a lawyer?
(just speculating: there are a number of possible 'targets' in the scenario you give: the HOA, the unlicensed driver (UD), the unlicensed driver's employer (if the UD was on a job), the guard (if they exist), the guard's employer (assuming the guard exists and is employed by a security contractor), other persons involved in the accident (I could be wrong but I don't think being a UD automatically makes one at fault for an accident). Also, the facts and circumstances will almost certainly matter: was the UD actually *given access*, or did they sneak onto the property? Is the UD a minor? Could the gated community be considered an attractive nuisance for some reason?)
Bill (IANAL)
HOA Board ex-President
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Read post #2. The first two posts were most likely made by the same person to advertise the products/services in post 2. Stop treating this like it is a real question.
Escaped former treasurer and director of a self managed association.
WilliamK9 (Florida)
Posts: 3
Posts: 3
Posted:
Community has gate access but "guards" do not check for licenses or identification. While car license is recorded, I don't feel that is sufficient. They seem to be more worried about traffic backing up at gate.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Is that in the contract to do? I am also guessing people are pissed waiting in line too.
Former HOA President
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By WilliamK9 on 05/22/2024 7:09 PM
Community has gate access but "guards" do not check for licenses or identification. While car license is recorded, I don't feel that is sufficient. They seem to be more worried about traffic backing up at gate.
Community has gate access but "guards" do not check for licenses or identification. While car license is recorded, I don't feel that is sufficient. They seem to be more worried about traffic backing up at gate.
Guards checking for Drivers license has been the norm for many gated communities especially when you have various delivery drivers coming on the property
like Amazon Flex, Uber Eats Door Dash. Guards where I've n been it has always been post orders for the guard to ask for ID and input the name from
the Drivers license into the "clip board" and when I say clip board I am referring to the computer device that guards use to enter visitors and gust on the
property. At My post any contractor that comes on the property we need to get a copy of the DL and retain it just in the event a contractor
runs over a mailbox or lamp post etc.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Let's be honest.
It won't matter what the incident is, if it happens on HOA property or within an HOA development a good attorney may find an argument to bring action against the Association.
Why?
Because it is perceived that the Association has deep pockets (i.e. commercial insurance) and will settle rather than go to trial.
It won't matter what the incident is, if it happens on HOA property or within an HOA development a good attorney may find an argument to bring action against the Association.
Why?
Because it is perceived that the Association has deep pockets (i.e. commercial insurance) and will settle rather than go to trial.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 05/23/2024 5:01 AM
Let's be honest.
It won't matter what the incident is, if it happens on HOA property or within an HOA development a good attorney may find an argument to bring action against the Association.
Why?
Because it is perceived that the Association has deep pockets (i.e. commercial insurance) and will settle rather than go to trial.
Let's be honest.
It won't matter what the incident is, if it happens on HOA property or within an HOA development a good attorney may find an argument to bring action against the Association.
Why?
Because it is perceived that the Association has deep pockets (i.e. commercial insurance) and will settle rather than go to trial.
I agree.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Is it in their job description if so, what can be done? Private property.
Again if someone is doing something illegal like unlicensed they pay the damages.
Again if someone is doing something illegal like unlicensed they pay the damages.
Former HOA President
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