Homeowners’ Associations and Premises Liability in California
Homeowners’ Associations (HOA’s) are common in many family-friendly suburban areas and neighborhoods across San Diego and the Central Coast. They provide homeowners and tenants with a variety of amenities. It’s important to note that an HOA can be held liable in certain situations where an injury occurs in common areas, maintained parks and recreations areas. In most cases, HOA’s carry liability insurance which may cover injuries that occur in common community areas.
Premises Liability in California and HOA’s
HOA’s owe their homeowners and guests a reasonable duty to exercise ordinary care, especially in common areas. Where premises liability is concerned, a community association may be held liable for an injury, if negligence or lack of maintenance occurs where there is a prior duty to maintain common grounds.
HOA’s and Liability Insurance
In many cases, HOA’s carry liability insurance. This means that any claims made against a homeowners’ association are usually handled by the insurance company’s representatives and lawyers. It’s important to note that insurance companies are well known for looking out for their own bottom line. If you’re dealing with a pushy insurance company regarding a claim, you should contact an experienced personal injury attorney before making any statements or signing any claims.
Maintaining Parks and Other Common Recreation Areas
Parks, pools and recreation areas are very common in communities with HOA’s. For most community areas, an HOA owes homeowners and guests a reasonable duty of care to keep areas safe. Community safety is one of the reasons why housing subdivisions with HOA’s are so appealing. Homeowners pay monthly, quarterly or annual dues to keep community areas safe and well maintained. If the HOA drops the ball and doesn’t keep areas safe, the safety of community members and their guests is put at risk.
Who is Liable?
Since every case is different, it’s important to contact an experienced personal injury lawyer after any injury that happens on common community-association areas. If a child is injured in a community-maintained park, the HOA may be held liable, especially if safety issues were previously reported or noted. Failing to perform duties in a reasonably safe and prudent manner can be negligent on the part of an HOA. If an HOA fails to maintain a park, and somebody gets hurt, the HOA can be held liable. If you or a loved one has been injured in a community park, recreation area or HOA maintained-common area, contact an experienced personal injury attorney as soon as possible.