What is the name of your state?Arizona
Two past state Supreme Court Cases (one in AZ and one in CA) declared that an HOA has a duty like that of a landlord in providing safe conditions on common property.
Martinez vs Woodmar IV Condominium Association
Frances T. vs Village Green Owners Association
There is a dark area of our community that has needed a streetlight for many years. Past landscape committees have recommended a light on that street, but it never went anywhere because a vocal minority had allies on past Boards. A new Board is elected and installs a streetlight. So much improvement in illumination! When one looks at before and after pictures, you cannot deny there was a problem before and the new streetlight has solved the problem without shining light into any unit's bedrooms.
Should this vocal minority were to get elected to the Board and remove the streetlight, based on those two cases (I am in AZ, so the first would definitely apply to me) if a crime occurred on that dark street after the light was removed, a homeowner could definitely sue the HOA and perhaps Board members personally and win a negligence case.
If a crime did not occur, would a homeowner have any liability claim or any other type of legal claim (discrimination) against the HOA for removing the streetlight?
Two past state Supreme Court Cases (one in AZ and one in CA) declared that an HOA has a duty like that of a landlord in providing safe conditions on common property.
Martinez vs Woodmar IV Condominium Association
Frances T. vs Village Green Owners Association
There is a dark area of our community that has needed a streetlight for many years. Past landscape committees have recommended a light on that street, but it never went anywhere because a vocal minority had allies on past Boards. A new Board is elected and installs a streetlight. So much improvement in illumination! When one looks at before and after pictures, you cannot deny there was a problem before and the new streetlight has solved the problem without shining light into any unit's bedrooms.
Should this vocal minority were to get elected to the Board and remove the streetlight, based on those two cases (I am in AZ, so the first would definitely apply to me) if a crime occurred on that dark street after the light was removed, a homeowner could definitely sue the HOA and perhaps Board members personally and win a negligence case.
If a crime did not occur, would a homeowner have any liability claim or any other type of legal claim (discrimination) against the HOA for removing the streetlight?