Reply to HOA pool ban for prior vandalism of HOA property

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]DP. But none of that makes the HOA punishment right.

The HOA is wrong here, even though the mother is a litigious obnoxious nut and the kid is a badly behaved kid with medical issues. 
[/quote]

The HOA is charged with protecting the community. This isn’t about punishment but rather about protecting the community from the unnecessary expense of litigation costs of this family due to the conduct of this child. I do think the punishment aspect of the community protection is unfortunate. But I’m not certain the HOA is wrong in their determination that this ban is necessary for the community. People are acting like the HOA is a criminal court that needs to rehabilitate the child and that’s not it’s role. [/quote]

What type of litigation are you referring to? Everything posted about past behavior of this kid is simply speculation. Yeah, the mom is nutz, but how would the HOA be liable by imposing a lesser punishment? Ostracizing a 12 year old for 7 years makes these HOA board members look like total buffoons.[/quote]

The PP is referring to future litigation if the kid is allowed back into the community swimming pool and [b]based on prior incidents [/b]showing little-to-no parental supervision as well as bad judgement would get into some kind of trouble again. Trouble that the litigious mother, who has quite a history with the law herself, would sue for.[/quote]

Do you mean the prior incidents made up by a pp?[/quote]

The analysis previously provided is legally sound and made by a person that understands the law, and more importantly, liability avoidance.  The HOA now has direct knowledge that these children would deliberately cause damage to HOA property.  If the HOA were to allow these boys back onto community property without having some sort of comfort that this was an isolated incident, and one of these boys caused further damage to HOA property, or if they were to act irresponsible and hurt someone, then the HOA would have legal exposure for not doing everything possible to avoid future destruction or property or harm to persons.  This is similar to a slip and fall claim.  Example:  Lets say a bottle of soap had dropped of the shelve and splatter soap all over the floor in a store.  An employee walks by and sees the soap on the floor, therefore has knowledge of a situation that could be dangerous or harmful, and does nothing to protect the patrons from slipping on this soap. After this, a patron does slip and fall on this soapy floor, the store would be libel since they had knowledge of the soap that caused the injury.   [/quote]

Sound more like an interpretation of the law by someone who watches Judge Judy. If you're a lawyer and you think that allowing some kid who threw a book into the woods on your property is a liability issue, then you need to get a refund from the law school you attended.[/quote]

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