Road damage

We have a very small HOA the road is gravel and belongs to the subdivision. The HOA maintains the road and carries liability insurance. We have one owner that operates a tractor on the road causing considerable damage and changing the drainage could the HOA bill this person for repairs and if there were an insurance claim that went beyond the coverage limits could the individual creating the problem be sued. From a homeowners perspective this damage is intentional as they would like to have the road near their property blacktopped with everyone else helping to pay for it.

Anytime damage is incurred, the association usually has a right to expect the offender to pay for it. Collecting is another matter. First, you're going to have to document (prove) that the specific owner was responsible for the specific damage (any good defense lawyer could claim it was delivery trucks, not the tractor, that caused the damage, without specific proof).

Next, contact an attorney to make sure the local laws don't exempt farm vehicles from certain liabilities. (Don't laugh, I know a county in my state that gives them absolute right-of-way and exempts them from most liabilities.)

Third, the attorney can check the docs to make sure you have the authority to single out the individual and whether you should just make the repairs and bill him, or sue for the damages.

Joe