QUESTION

I have contacted our Home Owners Association management about our road condition, especially on our driveway.

Asked on May 09th, 2016 on Slip and Fall - California
More details to this question:
I brought it to their attention multiple times, to have them repair our road. The problem is they're obviously ignoring my complaint and have not done anything. What can I do to get them off their high chair? I'm afraid this could turn into a hazardous environment for children running around.
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1 ANSWER

Defense Base Act Attorney serving San Diego, CA at Benner Law Firm
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I assume your topic area of "slip and fall" was chosen because you are afraid someone could slip and fall in the future on the road at issue?  *For future reference, a "slip and fall" is usually a type of case that personal injury attorneys handle (for example when someone falls on a slippery floor in a grocery store and sustains an injury). To answer your question:  Many times, a strongly worded demand letter with applicable citations to the law and legal responsibilities will cause some movement with the HOA board.  However, it depends on many factors likes (a) who is on the Board and are they truly working in the interests of the community, (b) where on the property is the needed repair, and/or (c) whether there is a more fundamental issue going on here where the Board is breaching their duty to the community members or worse...actively misappropriating funds of the HOA for their own personal gain or use.     In any case, the first step is to be sure you document your issue (IN WRITING) to the Board and all interested parties.  Review your CC&Rs and bylaws to be sure what you are asking the Board to fix is within the lines of their responsibilities and obligations.  Lastly, if this is an issue that is on the list of "to do" by the Board (including many other issues), in a world of finite resources, it may be something you need to vote to approve.  If this last point is applicable, you would do best to recruit your fellow community members and force the Board to vote and/or take action due to the overwhelming demand of the community.
Answered on May 10th, 2016 at 12:32 PM

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