Liability related to Speeding Vehicle
Question: What liability is a Condominium Association exposed to regarding an accident within the community due to speeding? We have a posted speed limit of 15 MPH and have regularly in community newsletters and correspondence reminded residents to slow down. Could we be successfully sued for an accident simply because it happened on our streets? Answer: You cannot be held liable for the criminal acts of third parties. This does not mean someone will not try to sue looking for a deep pocket to collect from but there is no liability if you have properly posted the speed, it is a reasonable speed and there is nothing which the Association has done to encourage speeding. It may be helpful, if you can prove a violation, to fine the individuals through a properly held due process hearing. Good luck
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Dealing with Mold
Q: In our condo one of the unit owners has had a persistent leak from some plumbing pipes that the board, through our contractors, has been battling for a couple of years, but the leaks are causing some mold that was discovered recently when part of the ceiling and some wallboard was removed. Now the unit owner is saying that she is suffering respiratory problems because of the mold and is threatening to sue the association. What action should we take? How likely is she to succeed with a law suit?
A. The mold topic is a good one to discuss because it is fraught with misunderstanding by many who have to deal with it. Since we live in a coastal area there is frequent water infiltration into structures of all types through various components due to wind driven rain. Of course, there are other sources such as leaks in water and drain pipes. Even though we have been exposed to mold for hundreds of years mold litigation has increased dramatically over the past few years and is a popular topic in legal seminars.
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