Legal Question in Personal Injury in Florida

Condo Liable For Condoning Playing On Road?
I live in a condo in Florida. Our board added a basketball hoop structure with backstop, right next to one of our parking areas and a near the private road. Our recorded documents clearly show that our amenities (pool, tennis courts, etc.); there is NO mention of a basketball hoop structure.

1. Our FL condo board illegally altered the common elements.

2. Anyone (as no fence around amenity) can use the cemented in hoop structure (whether or not from our condominium).

3. Anyone using it would have to play on our parking and driving areas; the hoop structure/backboard is cemented on the edge of one of our grass islands, facing a parking area and road.

4. Neighbors where hoop has been cemented in are furious; noise being one concern.

Question #1
If a child (while playing on our property and privately owned and controlled road by Association) gets hit by a car COULD THE ASSOCIATION/MEMBERSHIP BE HELD RESPONSIBLE FOR DAMAGES (E.G. ATTRACTIVE NUISANCE)?

Question #2
Doesn't the board have to remove this added (illegal) amenity?

Asked on 6/09/09, 10:48 pm

Charles Gallagher Gallagher & Associates Law Firm, P.A.

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Re: Condo Liable For Condoning Playing On Road?

Yes and yes.

Answered on 6/10/09, 3:08 am

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