That is a complicated legal issue. Possibly, but it is hard to be certain. You could spend a lot of money on a lawsuit, and still maybe win and maybe lose. The railroad might argue that it has hundreds-of-thousands of miles track, and society cannot pay enough for rail service to afford fencing or policing all of it. The California Supreme Court requires judges to weigh the likelihood of any form of protection doing any good against the cost of that protection. It is a very difficult test for your HOA to win.
It might be cheaper for your HOA to install some very bright lights and surveillance cameras, all triggered by motion detectors. The presence of the lights and cameras might deter the vandals. They'll have to look up at the cameras in order to throw rocks at the lights, cameras and windows. So you should get some good images of them. If the police have suspects, like local gang members and juvenile delinquents, they might make a match. Nothing will deter others than a couple of their buddies getting arrested.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on May 30th, 2017 at 9:10 AM