I live in a gated community in Chicago. The other day, I was driving through one of the gates and it slammed on to my car, causing a dent on my car. It's one of those automatic gates that is opened through a remote. The management told me that the association is not responsible, but it doesn't seem fair that I'm stuck with the expense of fixing my car.
You should read through your condo documents and bylaws to see where your condo association is liable. In any event, I would suggest that whoever or whatever entity is responsible for the maintenance of that gate, may have responsibility here. Ask your condo association if there is a company that maintains the gates and when the last time they were inspected. Of course, I am presuming that there was something faulty with the gate. Best of luck.
Steven A. Schwartz
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 250-2072 fax
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From what you tell me, whoever is in control of the maintenance and the upkeep of the gate is responsible if the gate malfunctioned. If the gate was improperly operated, then whoever was operating the gate at the time and their employers are responsible.
Don't take no for answer. Read you bylaws and go from there.
I hope this helps
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I think that they are responsible. If it's the associations gate, and the gate malfunctioned and caused you damage, the responsibility is to pay for the repairs to your car. If the association contracted with a third party for maintenance and operation of the gate, that third party may also be liable. If you are a member of the association, I don't see how they can withhold information from you. Insist on getting the information for the building's insurance policy and go straight to the insurance company. There's no reason for you to be left with the bill.
Submit to both condo association insurtance as well as yours.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Email: [email protected]
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I agree with the other attorneys' answers.
In addition, you may know if there is a camera present that could have recorded this incident. That could help show what occurred. If no camera exists, I would pursue this matter along the lines of the feedback already provided by my colleagues.
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I agree with the above posters. Get the insurance info from the association and company that maintains the gate, and send a demand. If no luck, sue in small claims court.
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1. If the garage is self-managed (association) then if there was a malfunction you can do a couple of things: (a) submit the claim to your own insurance and let them deal with subrogation (going after the association) but you may have to pay the deductible, or (b) submit the claim to the condo insurance.
2. If the garage is managed by a private concern (such as Standard Parking), they are primarily responsible, but you could add to your claim the private concern.
If an appropriate person (the condo's insurance agent, for example) contends the association has some kind of non-liability provision in the condo documents, have them tell you exactly where it is, and if they tell you have it reviewed and if they won't, there's something potentially fishy.
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