Condo Liability

[bennz]

What is the name of your state (only U.S. law)? Florida

Hi. I live at a 2 story condo with 16 units. The management and board is being a bit disturbing. They are asking for me to take down my hammock. First, the management says it's for aesthetic reasons. To which I said it can be cleaned to look like new. Then the board president says it is a liability hazard. Kids might play on it and fall of and get hurt. Is this actually a liability for the condo association or for personal liability? It seems like the personal responsibility for safety would be assumed here. How could the condo be liable for misuse of a hammock? Thanks for the insight.

 

[Zigner]

What is the name of your state (only U.S. law)? Florida

Hi. I live at a 2 story condo with 16 units. The management and board is being a bit disturbing. They are asking for me to take down my hammock. First, the management says it's for aesthetic reasons. To which I said it can be cleaned to look like new. Then the board president says it is a liability hazard. Kids might play on it and fall of and get hurt. Is this actually a liability for the condo association or for personal liability? It seems like the personal responsibility for safety would be assumed here. How could the condo be liable for misuse of a hammock? Thanks for the insight.

Where is the hammock installed?

 

[bennz]

The hammock is tied to two trees which are on the association owned property. A strip of dirt between the walkpath and the fence of the neighboring property.

 

[Zigner]

The hammock is tied to two trees which are on the association owned property. A strip of dirt between the walkpath and the fence of the neighboring property.

Why do you feel that you have any right to install a hammock there? The association doesn't HAVE to give a reason to require you to remove it. Take it down already.

 

[adjusterjack]

They are asking for me to take down my hammock. First, the management says it's for aesthetic reasons. Then the board president says it is a liability hazard.

They don't need a reason.

You probably violated the CC&Rs by putting it up in the common area to begin with.

Take it down or the next thing they can do is fine you and put a lien on your condo.

 

[bennz]

It's understood that association approval is required to add any item to the commons area. It's been up over a year without any complaints. Regardless, is the liability concern a legal possibility?

 

[STEPHAN]

That they only complained after a year does not mean anything.

Yes, this would be a huge liability concern. If the insurance sees it, they will most likely cancel.

 

[LostInCleveland]

That they only complained after a year does not mean anything.

Yes, this would be a huge liability concern. If the insurance sees it, they will most likely cancel.

That's a total drama response. At most, the insurance agent would ask for it to be removed. You have NO RIGHT to install ANYTHING on commons areas without permission. By definition, commons areas means to be used by everyone...so yes, kids would have the right to use your hammock and the Association could be sued for injuries...which happen ALL THE TIME with hammocks! Get a grip! You are so wrong, you don't have a glimmer of hope of winning if they sue you.

 

[adjusterjack]

That's a total drama response. At most, the insurance agent would ask for it to be removed. You have NO RIGHT to install ANYTHING on commons areas without permission. By definition, commons areas means to be used by everyone...so yes, kids would have the right to use your hammock and the Association could be sued for injuries...which happen ALL THE TIME with hammocks! Get a grip! You are so wrong, you don't have a glimmer of hope of winning if they sue you.

Why are you going off on Stephan? It's not his hammock and it's not his thread.

 

[quincy]

Why are you going off on Stephan? It's not his hammock and it's not his thread.

And what STEPHAN said was also correct.