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If bushes obscure line-of-sight at intersections, is the party who planted the bushes liable if accidents occur?

Maitland, FL |

Members of my Homeowner's Association have complained that the HOA has planted bushes at an intersection that obscure the line of sight for individuals trying to turn right on red. Individuals who want to turn have to move into the crosswalk to see oncoming traffic. Are there any laws restricting such obstructive plantings? Could the HOA be held liable for accidents? Could individuals blocking the crosswalk be ticketed?

Attorney Answers 5


  1. Best answer

    Yes, the HOA can be held responsible. There is significant case law on this.
    While you don't have a tort claim currently, your HOA should be put on notice of the problem.
    As far as ticketing the cars on the crosswalk, you will have a defense on complying with other traffic statutes.


  2. Of course the HOA could be held responsible for its negligence if its bushes obscure line of sight and cause a crash. Why not?

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  3. HOA would be liable. Send them a certified letter stating so and asking them to remove the obstruction. warn them to immediately increase the reserves to avoid a special asessment when someone is ineviaibly, terribly injured


  4. The HOA is definitely responsible. Advise them in writing of your situation and that see obstructions should be removed.


  5. I assume that the basis for your question stems from an HOA infighting issue and someone wants them to remove the bushes. One of the best ways to force this to happen is to send a certified mail notice letter to the HOA advising them of the danger and prediciting the possibilty of harm to others. and the exposure to the HOA. Then anything you can do to publicly make people aware of your notice letter should them concerned as that is a lawyer's biggest nightmare. The reason is that ANY person injured would have your letter as evidence that the HOA was aware of the problem but did not fix it, so that the only practical response is to move the bushes, which could have dire consequences. Oh, and I agree there may be liability on the HOA depending on the nature of the bushes and how much of the stop sign is obscured.

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