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Is Your HOA at Fault?

Written by Posted On Monday, 12 December 2016 18:17

Homeowners association consist of paying dues every year and generally means you can expect some things in return. The homeowners’ association is traditionally led by a member for the neighborhood that oversees their community. They have the responsibility to ensure that the properties of the neighborhood are safe and free of hazards. So, what happens if someone is injured? Consider the information above on how to handle a situation where someone is injured due to your homeowner’s association:


Some Duties of the HOA


It is known that the homeowners’ association would be held liable for injuries that occur on association of property if the association is aware of an existing hazard or doesn’t correct the condition or warn the public of the danger. This is important to consider as the homeowner’s association because people are sure to pay their dues each year to ensure that their neighborhood is a safe place to live.


Additionally, for the homeowners’ association to be aware of a safety hazard and remain unwilling to update or make changes to get rid of the risk becomes negligence. This lack of care distinguishes that they are aware and have decided to not make changes.  Take for example a situation where the homeowners’ association is aware that the area of the sidewalk is slippery due to the buildup of moss or there was ice due to them neglecting to salt the walkway and someone falls and hits their head resulting in an traumatic brain injury, it is at this point where you could sue the HOA for your medical costs and other expenses due to their lack of action to fix the hazard.


What Can You Do?


As a member of your neighborhood and community, you have a common interest to keep your neighborhood a clean and safe place. If you notice any unsafe conditions in the neighborhood, do your part by notifying your HOA. This will provide them with enough notice to make the appropriate notice and repairs. Whether the situation is someone’s home, the streets, sidewalks, or even a light pole; you could be saving someone from getting hurt if your HOA isn’t becoming aware of the situation soon enough.


By taking the initiative to become acclimated with the rules and regulations of your HOA and knowing what their responsibilities include you can make your neighborhood a safer place. Know where your dues are going and what needs to be done in your community. It’s important that your dues are going to the betterment of your neighborhood.


Although the HOA can be subject to a premise liability, they can often try to find their way out of being the party being faced with a lawsuit. Be sure that you’re doing your part and taking record of notifying them of any potential hazards. Doing your part in advance not only provides your HOA with enough time to do something about the problem, but it also provides you with the opportunity to report when they were notified if in the event someone gets hurt.

What are some ways that you feel that your HOA can improve?



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