Real Estate & Property Law

HOA Liability for Accidents Outside the Association

Boards have to be vigilant because HOAs and Condo Associations and the Boards can be sued for failure to address safety and hazardous issues. Here is a question from a reader who insures associations in California:

"I insure an association in Santa Barbara that has a problem with children riding bikes, skateboards, scooters, etc. down a steep hill to a blind intersection. The streets are owned and maintained by the association and the board would like to restrict the street to automobiles only. How can they do this and how would they enforce it?"

I would have to say the Board better jump on this one. The Association owns the streets where the accident-waiting-to-happen begins and thus, will definitely be a target if any lawyer down the road is looking for all the "deep pockets" when a child is killed or maimed because of this dangerous condition, even if the actual accident happens outside the boundaries of the development. There are cases that would support the plaintiff''s position both relating to conditions in HOAs and in schools.

(Not with disrespect to the person who asked the question, because there is no such thing as a dumb question - but is meant for HOA directors or parents or anyone watching the "shop") ... This is one of those "duh, yeah" situations. It doesn't take a rocket scientist to figure out that allowing a dangerous condition to contiue without taking any steps to make it safer - when you have the authority to do so - can get you into really hot water! (And a very large settlement!)

Now, don't go getting yourselves into trouble with language that targets families with children - check your Bylaws (I assume there is some rule-making authority there), follow California law for proposing new rules (laid out in a series of free FYIs and also a comprehensive series of Primers on Enforcement on my website at www.californiacondoguru.com), and make them generic enough to be discrimination proof - i.e., "no wheeled vehicles other than automobiles equipped with all operational parts including working brake systems may be operated in the streets [maybe a specific description of an area is needed here] - violators will be subject to disciplinary action including [refer to an Enforcement policy or whatever the documents allow]"

You need to fill in some of the blanks and if there are other common areas where children tend to play ball where the ball might roll down and out into the street address "play" too.

And one more thing comes to mind. If there is no sidewalk, then banning all motorized vehicles from the street may leave wheelchair bound residents in a bind, so think about that too.

Yes, do something about this situation and the sooner the better ... and do it yesterday! (But of course remember to follow HOA and Condo Association meeting/agenda/action requirements too - those are in the Operations and Board Basics Primers on the website.)

Full post as published by California Condo & HOA Law on January 29, 2011 (boomark / email).