Roughly ten feet outside of Entrance Gate 1 to the condominium community and on the community’s property, is a split oak tree. One of the tree trunks grows parallel to the entrance gate. The tree trunk clearance at the curb is eight feet and rises to ten feet in the center of the road. Over the forty years we have lived here, service vehicles, recreational vehicles and moving vans have been damaged from the low hanging tree trunk. No low clearance sign has ever been posted at the entrance gate to warn a driver. In May, 2019, a family member delivered some furniture with a Penske Rental Truck. The family member did not take out insurance at the rental place nor does his personal automobile insurance cover an accident with a rental truck. The height of the rental truck is 12’6” at the corners. The family member waited for the gate to open and as he pulled the truck forward the upper right corner of the truck made contact with the tree trunk. Damages to the truck is $10,388.33. On October 15, 2019, the HOA posted a sign outside of Entrance Gate 1 warning vehicles over ten feet in height to use Entrance Gate 2.
Given the HOA’s awareness of the history of vehicle accidents at Entrance Gate 1 and the date of the posted warning low clearance sign is the HOA responsible for paying the damages to Penske Rental Truck? If so, how do I [present them with the bill for damages?
San Antonio, Texas
