quote:

if one were to prove the negligence of the HOA was contributing factor to the theft, then the owner may have a shot at collecting.

How is them asking you to open your door or face a fine negligence? If they came over and opened it for you I would see it. If they told you to jump off a bridge or they would fine you $200, would they be culpable for you jumping off of a bridge?

Others have already struck on the solution. You make their new rules more miserable for them than the conditions leading up to it, or vote them out.

HOAs have a few clear key points that they dislike: Trash cans, tall grass, junk cars, signage, decorations, noise, etc. I'm sure somebody who's fairly crafty could implement several of those design features into an open garage door scene.

The atteactive nuisance doctrine applies to the law of torts, in the United States. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children

quote:

Originally posted by a1abdj:
How is them asking you to open your door or face a fine negligence?

No way my HOA says to leave our garage doors open.

If people sleeping in the garage is a city code violation, get them involved (I know laughable) and leave the rest alone. It has to suck with this shit going on in your neighborhood.

Sounds like what they really need is a big wall built way south of them.

You have GOT to be kidding me

quote:

Originally posted by HRK:
Get one of the xmas projectors, then you can download videos to a USB, and set it on loop, hang up the screen where the door are is and you could have all kinds of cool things to be seen LOL

Hey that's an idea. It's whackyland, home of liberal politics. How about putting Trump videos on for all to see? Bwahahahah!

Hey guys you can't fix stupid. I would move in a heartbeat.

quote:

Originally posted by a1abdj:

quote:

if one were to prove the negligence of the HOA was contributing factor to the theft, then the owner may have a shot at collecting.

How is them asking you to open your door or face a fine negligence? If they came over and opened it for you I would see it. If they told you to jump off a bridge or they would fine you $200, would they be culpable for you jumping off of a bridge?

Others have already struck on the solution. You make their new rules more miserable for them than the conditions leading up to it, or vote them out.

HOAs have a few clear key points that they dislike: Trash cans, tall grass, junk cars, signage, decorations, noise, etc. I'm sure somebody who's fairly crafty could implement several of those design features into an open garage door scene.

Your cherry picked my post. Look at the first part of it.

quote:

The atteactive nuisance doctrine applies to the law of torts, in the United States. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children

That makes the person with the open door liable. Not the HOA for asking you to do so. The HOA has zero liability here. It's not their doors, it's not their property, it's not them leaving the doors open, and ultimately they are not making you open them either.

quote:

Your cherry picked my post. Look at the first part of it.

The "it would be difficult" part? Because it's beyond difficult. I suspect from a legal standpoint it's impossible.

I think when people hear the words HOA, they automatically go to upscale developments and semi-gated areas, this is far from that. As another poster pointed out, there's a lot of trash and meth-heads crawling out of the woodwork in these places.
Here's the local news and gives you an idea.
http://fox40.com/2018/01/05/au...e-garage-doors-open/

I watched the news story and got a kick out of the guy that had his door opened the height of a paint can.

He's got a point. They didn't say how open it had to be.

Anybody else notice in the tv news segment that the door of the closed office has a security mesh over the door? So they can be concerned with security but no one else can?

This has to be illegal as it's jeopardizing the safety of the home owners.

quote:

Originally posted by a1abdj:
That makes the person with the open door liable. Not the HOA for asking you to do so. The HOA has zero liability here. It's not their doors, it's not their property, it's not them leaving the doors open, and ultimately they are not making you open them either.

I agree it's not their property or their doors (so they should STFU!!), but how is a $200 fine "not making you open them"? They can and will (in most places that have freaking HOAs) file a lien to enforce the fine.

These little HOA tyrant wannabes need this broken off in their ass...sooner rather than later.

I would leave it open just as soon as the hoa took total responsibility for anything that came up missing for any reason and put it in writing and had a bond to back it up.

quote:

Originally posted by a1abdj:

quote:

The atteactive nuisance doctrine applies to the law of torts, in the United States. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children

That makes the person with the open door liable. Not the HOA for asking you to do so. The HOA has zero liability here. It's not their doors, it's not their property, it's not them leaving the doors open, and ultimately they are not making you open them either.

That's the point I was making. The HOA will fine you if you don't open your garage doors, which IMNSHO creates an attractive nuisance that puts the liability 100% on the home owner.

quote:

but how is a $200 fine "not making you open them"?

Because you could risk paying the fine in lieu of opening it or sell your property and move. If you refused to physically open the door the door won't be open. It's not like the HOA is coming by, kicking in your door, and opening it for you.

Let's say the HOA requires that you park in your driveway even though you prefer parking in the street. One night you're parked in your driveway and a sinkhole develops and swallows your car. Should the HOA be liable for that?

What if the planned community with HOA lays out two types of homes. You can choose between a single story and a two story. You want a split level, which is not allowed under the community rules. Are they making you buy a single story or a two story? Are they making you agree to the rules?

Just because you don't like the alternative options doesn't mean you're being forced to choose another. Beyond that, I suspect part of the paperwork they signed as part of the HOA agreement absolves the HOA of liability.

HOAs can be the devil. So can local government that believes in the same silly nonsense. You have choices.

quote:

Originally posted by amhaynie:
Exactly why I will never live in an HOA again!

I won't consider any community that has an HOA. I'm not going to let some "Neighborhood Nazi" tell me how to keep my property.