What is an HOA’s responsibility for injuries occurring on the common areas of its property?
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What is an HOA’s responsibility for injuries occurring on the common areas of its property?
I have been repeatedly attacked physically and verbally by my neighbors in a common area which is owned by an HOA. I have contacted it about this man thinking he owns the property. This past week while walking my dog in this area I was harassed. They didn’t do anything. My dog recently got sick and I took him to the vet. I found out that he had been poisoned due to this man placing fertilizer in the common area. Who is responsible for my vet bills?
Asked on August 5, 2011 Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the neighbor that you are having a problem with is also a member of the association due to owning a home in the planned developement that you live in, read the recorded "conditions, covenants, and restrictions" recorded on your property and the association's rules presently in effect. The langiage in these documents will control what obligations the association have to enforce the common areas in the development.
From your question and facts, the problem is not a physical condition of the common area that is causing a problem (raised sidewalk where someone trips and breaks an arm), but rather a difficult individual and presumed property owner.
Your dispute is directly with the difficult neighbor. The association has no control over an individual's conduct directly towards another person as you describe.
Your neighbor who placed the fertilizer on the common area that sickened your dog would be the one responsible for your veterinarian bills.
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