I have neighbors who are constantly disobeying the bylaws and putting their kids lives and others property at

Asked by Nllang, Stamford, CT Tue Sep 1, 2009

risk. They have been spoken to many times, but respond negatively and still dont listen. They let their young children play in the drive way (their unit is directly across from mine and just after a bend). Cars drive around the corner and are met with 1 - 5 year old kids playing in the drive way. Not to mention their toys, balls, etc come extremly close to my car and even hit it at time. This is all forbidden in our policy.

Who is liable if the kids get hurt on my legally parked car? Who is liable for damages? Who is liable if one of the kids get hurt?

Second of all - they illegally park their car forcing neighbors and other cars to come inches from my car to get by. What happens if they hit my car because they can't get around theirs?

Frustrated.

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4
Grace Hanamo…, Agent, Cupertino, CA
Tue Sep 1, 2009
Hello Nllang and thanks for your post.

One of the reasons that cities like homeowners associations so much is that because the property (including streets and street lights and parks) is located on private property, the city no longer has any obligations to enforce those fussy rules like parking and noise abatement. In most cases, the enforcement of these issues falls on the shoulders of the Board of Directors of your homeowners association.

If you've already reported this problem to the HOA, then it's time to put a little muscle behind this by adding a letter to the Board, letting them know that you will not be responsible for damages to your car, for the injury or death of the children, or for diminution of property value because the neighbors have not been reined in by the homeowners association. You might also consider contacting an attorney to have this letter of notice created by someone with whom the HOA will take serious note. This puts the responsibility on the HOA to resolve the danger and problems of which you've given them ample notice.

Regarding your other questions, obviously, to get the best answer you should speak with your insurance agent (about how pays for damages to the car), qualified attorney regarding liability sustained by other drivers, and the HOA's insurance company regarding injury in the common areas outside of your home.

Good luck!!

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
Co-Host "Naked Real Estate" on http://www.blogtalkradio.com--this week's topic "Homeowners Associations."
1 vote
Dallas Texas, Agent, Dallas, TN
Fri Sep 4, 2009
Wow sorry read all about this, do you have a HOA ? If no contact the city or Police file a complaint or have all residence to do so, 1st issue is safety of the children. GREAT for you an their concerns

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0 votes
Bill Eckler, Agent, Venice, FL
Thu Sep 3, 2009
Do others share your concerns? If so, it may be beneficial to attent an association meeting as a group and request to make a statement expressing your concern. If your association by-laws are being violated they would be able to best address it.

On the question of liability....this would be best referred to your HOA or an attorney.
0 votes
Fred Griffin, , Tallahassee, FL
Tue Sep 1, 2009
Your Homeowners' or Condominium Association can explore taking legal action against Members who violate Restrictive Covenants or Condominium Rules.

Lawbreakers can be reported to City Code Enforcement and / or to the Police.

Illegally parked vehicles can be reported to the Police.

Child Endangerment can be reported to Family Services.

The Media (Newspapers / TV) may have an interest in "Obnoxious Neighbors".


See an Attorney for Legal Advice.

Best wishes,
Fred
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