My question involves real estate located in the State of: Florida
My home is legally a condo according to the documents but I would describe it in appearance as a townhome. It's a 2 story home connected to another, which is connected to another. 3 units total make up one building, and many buildings make up the neighborhood. I don't own any land, only my unit. I live on a corner "lot" (I don't own the land) so I have one of the biggest stretches of grass in the neighborhood right outside my house and because of that kids ALWAYS come to play right there.
This is no exaggeration... I can walk outside at any time and find stuff left behind... Clothes, shoes, snack wrappers, toys, balls, you name it. On top of that, I have to hear their screaming while they play just 2 feet from my windows. The kids constantly damage the property, their toys always hit my house (HOA's responsibility), my windows (my responsibility) and my garage door (my responsibility). I've even had to have the HOA come out and repaint a section of my house because the kids wrote their names on it (a big section). I've had to get house numbers replaced and I also bought a water lock because they were turning on my outside spout. The HOA has a documented history of all the crap that happens out there and also to my house.
So I'm in my living room at about 6:30 pm and I hear a whole bunch of banging on my door and doorbell rings. When I open 4 kids are outside and they tell me 2 of them just broke my ac pipe playing hide and go seek. The gas from my ac is leaking visually and audibly. Thankfully they at least told me about it. 2 out of the 4 kids immediately admit they did it and all the noise caused other neighbors to come out, one of them being the mom of one of the "damage doers." I and her son approached her together along with the other kids and she asked what happened. The kid told his mom right there that he and another boy did the damage and my wife witnessed this conversation. Mom yells at him, I tell her I'm going to have someone check it out tomorrow and then I go with the 2nd "damage doer" down to his house and he voluntarily explains the same exact thing to his grandma. Again, my wife was there and no one coerced these kids to say anything. I couldn't believe it... These kids seriously owned up to it with their respective households. I thought this was going to be real easy.
A/C guy comes out the next day and fixes it for $512. Not even that expensive, but still $512 that I shouldn't be responsible for. I approach both households at separate times and all of sudden they don't know me, each one says the other kid did it and everybody is just blowing me off now. I'm not going to pursue the kids and interrogate them for the truth or anything like that so I'm left with unaccountable parents who refuse to take responsibility for their children even though their children admit to it. Now I'm basically stuck with the bill. I reported the incident to the HOA... I know the routine by now.
Sorry for the long post but here are my questions...
1. The parents aren't going to be neighborly about this and they switched their stories around so that "it's not their kid that did it." Do I have a case in small claims?
2. If the kids were unsupervised does that change anything?
3. Given the documented history of incidents, is the HOA negligent in not managing the property better and protecting the interests of its residents/community? The HOA owns the property so technically the damage occurred to my property (my ac unit) on their property (the real estate). I feel comfortable assuming the HOA insures the land. I know I can ASK them to pay me back and I plan on it once they reply to my email but are they LEGALLY REQUIRED to pay me back?
4. I'm searching everywhere for the HOA docs. I can't find them anywhere in person or online. I requested them in my email that I sent so let's see if they deliver but should it be this hard to get a hold of the docs?
5. If I own my home outright and I'm current on my association dues am I entitled to anything different from a renter, borrower, or deliquent association account holder?
6. Is there anything I can do to legally prevent the kids from playing there?
Thanks a million for any advice and Happy Holidays!
My home is legally a condo according to the documents but I would describe it in appearance as a townhome. It's a 2 story home connected to another, which is connected to another. 3 units total make up one building, and many buildings make up the neighborhood. I don't own any land, only my unit. I live on a corner "lot" (I don't own the land) so I have one of the biggest stretches of grass in the neighborhood right outside my house and because of that kids ALWAYS come to play right there.
This is no exaggeration... I can walk outside at any time and find stuff left behind... Clothes, shoes, snack wrappers, toys, balls, you name it. On top of that, I have to hear their screaming while they play just 2 feet from my windows. The kids constantly damage the property, their toys always hit my house (HOA's responsibility), my windows (my responsibility) and my garage door (my responsibility). I've even had to have the HOA come out and repaint a section of my house because the kids wrote their names on it (a big section). I've had to get house numbers replaced and I also bought a water lock because they were turning on my outside spout. The HOA has a documented history of all the crap that happens out there and also to my house.
So I'm in my living room at about 6:30 pm and I hear a whole bunch of banging on my door and doorbell rings. When I open 4 kids are outside and they tell me 2 of them just broke my ac pipe playing hide and go seek. The gas from my ac is leaking visually and audibly. Thankfully they at least told me about it. 2 out of the 4 kids immediately admit they did it and all the noise caused other neighbors to come out, one of them being the mom of one of the "damage doers." I and her son approached her together along with the other kids and she asked what happened. The kid told his mom right there that he and another boy did the damage and my wife witnessed this conversation. Mom yells at him, I tell her I'm going to have someone check it out tomorrow and then I go with the 2nd "damage doer" down to his house and he voluntarily explains the same exact thing to his grandma. Again, my wife was there and no one coerced these kids to say anything. I couldn't believe it... These kids seriously owned up to it with their respective households. I thought this was going to be real easy.
A/C guy comes out the next day and fixes it for $512. Not even that expensive, but still $512 that I shouldn't be responsible for. I approach both households at separate times and all of sudden they don't know me, each one says the other kid did it and everybody is just blowing me off now. I'm not going to pursue the kids and interrogate them for the truth or anything like that so I'm left with unaccountable parents who refuse to take responsibility for their children even though their children admit to it. Now I'm basically stuck with the bill. I reported the incident to the HOA... I know the routine by now.
Sorry for the long post but here are my questions...
1. The parents aren't going to be neighborly about this and they switched their stories around so that "it's not their kid that did it." Do I have a case in small claims?
2. If the kids were unsupervised does that change anything?
3. Given the documented history of incidents, is the HOA negligent in not managing the property better and protecting the interests of its residents/community? The HOA owns the property so technically the damage occurred to my property (my ac unit) on their property (the real estate). I feel comfortable assuming the HOA insures the land. I know I can ASK them to pay me back and I plan on it once they reply to my email but are they LEGALLY REQUIRED to pay me back?
4. I'm searching everywhere for the HOA docs. I can't find them anywhere in person or online. I requested them in my email that I sent so let's see if they deliver but should it be this hard to get a hold of the docs?
5. If I own my home outright and I'm current on my association dues am I entitled to anything different from a renter, borrower, or deliquent association account holder?
6. Is there anything I can do to legally prevent the kids from playing there?
Thanks a million for any advice and Happy Holidays!
Nuisance: Neighbors' Kids Destroy My House
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