Q: I live in a development where all the homeowners belong to a homeowners association. The developer built the subdivision around a common pond. He has left green areas around the pond and throughout the development. Recently the developer has started procedures to turn the homeowners association board of directors over to the homeowners.
My concern is the use of the green areas by the homeowners adjacent to some of the green areas. They are placing play equipment and tree houses on this public land. Also, some are putting underground dog control wires onto the green areas. I am all for using this land, but I fear there is potential liability for all the homeowners if someone is hurt using the equipment or by the dogs.
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Is it possible for someone getting hurt on the green areas to sue not only the owner of the dog or equipment, but also the homeowners association?
A: Unfortunately, in today’s world, anyone can sue anyone for anything. And they often get away with large verdicts.
Lawyers who specialize in litigation look for the deep pockets. And I suspect that your homeowners association has deeper pockets — or at least more insurance coverage — than most of your fellow homeowners.
If homeowners in your association are installing playground equipment or dog control wires on their own property, then I doubt that the association would have liability — unless such installations are prohibited (or require board approval) in your legal documents.
On the other hand, if these items are being installed on community property, then if someone were injured, the entire association could have potential liability.
Have you discussed this with your board of directors? They should ask their legal counsel for an opinion as to whether the association would be liable for these situations. They should also ask their counsel what steps they can take to require that all homeowners remove anything they have installed on the common areas.
Are you alone on these matters or are there other homeowners who have the same complaints? It always helps to have a large group of homeowners sign a protest petition. Boards usually respond faster when they see that a number of owners are complaining.