“Don’t Tread on Me”? Try “Don’t Bite Me, Please!”

Is there anyone out there who loves rattlesnakes enough to share a house with them? It certainly isn’t the King family! The Kings have caught a whopping 29 rattlesnakes in the one year that they have lived in the home that they purchased for the not insubstantial sum of $700,000.00. Let that sink in: 29. Rattlesnakes. In a single year.

The problem for the Kings, other than the obvious snake infestation, is that their homeowner's association is refusing to let them extend their gate to the road to create a barrier. They’ve spent $7,000 so far on “snake fencing” but need the gate in order to better protect their home. You know, so they don’t get a bit getting into or out of their cars parked in their garage or elsewhere around their house and property. The HOA claims that the gate doesn’t conform with the community’s “aesthetic guidelines.” Those guidelines aren’t written down anywhere and, in our experience, board members are incapable of describing or defining a community’s “aesthetics.” Perhaps the “aesthetic” includes people routinely getting bit by rattlers?

A HOA has the duty to protect homeowners. This duty extends beyond merely protecting property values from vague, make-believe concerns of diminished property values due to one’s choice of house color or landscaping. If an HOA exists to do anything, it should ensure that homeowners have the right to protect themselves from actual threats. Note that the Kings are not asking the HOA to pay for anything; they are simply asking the HOA to give them permission, at their own expense, to protect their home from snakes visiting their home on the frequency of more than two per month. There would be no cost to the HOA to allow the Kings to protect themselves.

Undefinable ”aesthetics,” whatever that might mean, should not trump one’s right to protect one’s life from an actual threat. Snake bites are real. People can die from them. One of the Kings’ neighbors, for example, spent four days in the ICU and needed twenty-one (21 )vials of anti-venom. And that was from a “baby” rattler. Imagine if it was a teenager or mature rattlesnake.

We have no doubt that the community’s “aesthetics” would change overnight if it was one of the board member’s homes that was snake central or if a board member had to risk a snake bite every time she or he exited their car or walked into their garage. And maybe that is really the question that board members should ask when considering whether to place their own subjective ideas of what looks good over the health and safety of a community’s owners.

If snakes traditionally are a symbol of evil, then perhaps this HOA Board of Directors should adopt a snake as the HOA’s banner and fly it proudly at the community’s gates. At least that might give unsuspecting purchasers some warning of the dangers that the HOA won’t protect them from.

https://sacramento.cbslocal.com/2019/07/18/hoa-rattlesnake-barrier-property-family/

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Nevada Jury Awards $20 Million Against HOA for Failing to Maintain Swingset

The failure to maintain and repair can cost an HOA. In this case, the failure to repair a known faulty swing set will cost an HOA $20,000,000.00.

The swingset in question failed on four previous occasions. Despite spending over $100,000 per year on landscaping, repairs, and maintenance, the HOA refused to pay just $150.00 per month for a monthly inspection and maintenance plan repeatedly recommended by the swingset’s manufacturer. The plaintiff suffered a crushed skull and other permanent injuries.

An HOA's duty to maintain and repair common areas is its central function. 

Read the full article here:

 https://www.reviewjournal.com/local/jury-awards-20m-in-las-vegas-case-involving-playground-injury/

Or you can read my recap and takeaways:

The civil suit was filed by a teenager, Carl Thompson, who suffered a traumatic brain injury in a playground accident in 2013. Thompson, then 15, was using a swingset at Lamplight Village at Centennial Springs when the 42-pound metal crossbar broke, landing on his head and causing severe injuries.

The jury held the Lamplight Village at Centennial Springs Homeowners Association (HOA) responsible, awarding $10 million in compensatory damages for pain and suffering and $10 million in punitive damages.

Thompson, now 20, experiences headaches, memory loss, movement problems, and an increased risk of dementia.

The HOA had reportedly ignored warnings and declined inspection plans, despite previous incidents with the swingset.

This incident underscores the importance of proactive safety measures within homeowners' associations.

HOAs should prioritize regular inspections and maintenance of communal facilities to prevent accidents and injuries. The case highlights the potentially severe consequences of neglecting safety warnings and failing to invest in necessary repairs.

HOA members, you CAN advocate for thorough safety protocols, ensuring proper funding for maintenance, and holding the association accountable for negligence. This accident emphasizes the need for HOAs to prioritize the safety of community amenities and allocate resources responsibly, not only to protect residents but also to avoid legal consequences that can result from inadequate care of shared spaces.

If you feel like your HOA is ignoring their duties to keep you safe, make sure to reach out!

If you liked this article, you might also like to read about Kevin Payne and HOA President Accused of Embezzlement.

For more information about HOA Laws, check out our HOA Law page or schedule a consultation with one of our attorneys.