I’m not sure how far this lawsuit will go, but homeowners in this HOA will end up with special assessments to pay all the lawyers.
Have you ever heard of someone being murdered by swans? Me neither. But according to this Illinois lawsuit mute swans are capable of breaking a man’s leg. That probably makes them as dangerous as a vicious dog. And we all know that HOAs which use vicious dogs in their common areas are not immune to lawsuits.
Don’t count me as a skeptic on this one. I vividly remember being attacked by a vicious goose in the Quadrangle at Fort Sam Houston when I was just ten or eleven years old. My younger brother and I were both attacked and injured and it’s given me a lifelong fear of certain angry birds. So believe me that large birds won’t hesitate at taking on a human. And even though I love animals, I get a special kind of glee roasting and serving certain birds on holidays.
Maybe this lawsuit will be tossed out of court because it’s frivolous. Maybe that won’t happen until the lawyers make a few hundred thousand bucks in legal fees. In the end, though, the homeowners will get pummeled. And these angry birds will get away with murder.
I do not have fond memories of “Tom the Turkey” who terrorized me in the 3rd grade. Everyday on the way home, this behemoth, purple necked turkey, chased me and pecked the back of my legs. Thanksgiving became my favorite holiday.
From experience, I’m going to make a prediction in this case. The insurance carrier will probably settle vs. enduring a costly and lengthy lawsuit. The homeowners of course will pay in higher insurance premiums. Welcome to HOA Land everyone….. the land of the unknown liabilities and lawsuits.
Dave, for so many years I thought I was the only one who was terrorized by a stupid bird.
Ward, you are not alone.
“Welcome to HOA Land everyone….. the land of the unknown liabilities and lawsuits.”
I would love to conduct a survey asking real estate buyers just three questions:
1)If your neighbor falls out of his canoe and dies by drowning after being attacked by swans placed by the HOA in the lake, are you aware you could be writing a check to his estate?
2)If a condo board member beats one of your fellow condo owners with a crowbar would you be happy writing a check for $50,000 just to pay the legal bill and injury settlement?
3)If your “Neighborhood Watch” appointee claims he was beaten after following a teenager in a “hoodie” so he shot and killed him, are you prepared to write a check for $100,000 or more to the parents of the dead child?
If they answer “No” to anyone of those three questions they should not buy into and HOA or Condo Association.
And furthermore, those three questions should be required to be asked before any Realtor shows an HOA property or condo to a potential buyer. “No” to any one of those three questions should mean the Realtor cannot legally show that client that property!