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Condo unit speed bump height damages car. Who should be responsible?


Question:

condo speed bump damages car 102014 resized 600

Our condo association had a construction company put in speed bumps on the road coming into our complex during the second week of September. We made arrangements during the construction period to stay in our second home in another city 105 miles from the condo. We left our 2001 Volvo S80 in the garage at the condo complex, and drove our Cadillac to our other home. When we returned to the condo, all the speed bumps had been put in and the blacktop had been seal coated. The speed bumps appeared to be very high, and were painted a bright yellow. Our Cadillac was able to barely cross the speed bumps without scraping. The following day we used our Volvo to leave through another condo complex exit gate so we didn't have to cross the speed bumps. We went to pick up our 9 and 4 year old granddaughters and return to our condo unit. Upon returning we had to come through our complex entry gate, because we don't have a number to come through the neighboring gate. We had to cross three new speed bumps that caused $1,400 in damage to our Volvo.

We notified the condo association management company right away and were told to send estimates and pictures, which we did. We also notified our insurance company who sent out an inspector to evaluate the damage. On the following Monday, the condo association had the same construction company remove the 4 to 5 inch speed bumps and replace them with 3 inch speed bumps. We filed a claim with our insurance company, and they have paid the claim minus our deductible. On Monday we went to the HOA board of directors meeting where we were told they are not liable for any damage, and would not let us talk because they were taking up board business and we can only observe and have no input. They passed a motion to not pay for any damage to our vehicle and quickly moved on to other business. The people who ordered the construction company to put in the speed bumps are the HOA president and treasurer, both elderly women who are unqualified and inexperienced to tell the road workers how to do their job. So they called the property manager and had him call the construction company and order them to make the speed bumps 5 inches high.

We were able to talk to the workers when they were removing the original speed bumps and replacing them with 3 inch bumps. They also told us that they had warned the HOA directors that they were asking for problems and they were called to come back and replace the speed bumps due to all the complaints. At this point our Volvo is in the body shop after the mechanic shop put in replacement motor mounts that broke going over the original speed bumps. Now we hear from the body shop that more damage has been uncovered. We talked to the insurance inspector, and he says he will make sure the car is repaired. Why doesn't the condo association have to pay for the damage since they had the speed bumps put in at a height they were advised not to?


Answers (17)

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