A person who wrote in to the Palm Beach Post recently had an interesting question. The writer is part of a senior living community, and its homeowners’ association (HOA) determined it could be liable for any car accidents that occurred within the community’s boundaries. Because of this, the HOA board spent more than $30,000 to put in new traffic monitoring devices and speed reduction devices to help reduce the likelihood of crashes taking place.
However, the writer states that only six accidents in the 15 years the community has existed were due to driver negligence, and there does not appear to be a need for new traffic control signs and devices. The writer wonders if the HOA’s board members are being paranoid and if there’s any reason to believe the board could be liable for a potential accident.
Board members unlikely to be held personally responsible
In the clear majority of cases, it is highly unlikely any board member of a HOA could be held personally liable for accidents that occur in the community. Florida law provides some comprehensive legal protections to directors and officers of these types of organizations.
In addition, an HOA itself usually carries director and officer insurance, which would cover the costs of defending lawsuits filed against board members individually. The directors would also have additional protection against certain types of legal action taken against the entire association.
Thus, if you are injured in an accident in a community run by a HOA, you would be unlikely to file a personal injury claim against the HOA’s board.
For more information regarding liability related to auto accidents, contact a respected Bradenton auto accident lawyer with Goldman Babboni Fernandez & Walsh.