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I live on a golf course.Golf ball damage to my house has…

I live on a...

I live on a golf course.Golf ball damage to my house has caused damage to my roof and stucco.Approximately 20,000.00.Hoa and golf course takes no responsibility.hoa rules on protecting my house from future damage is not sufficient...I am second owner of my 12 year old house.I signed a waiver about responsibility,but was not told of the potential and prior damages...

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Has any paperwork been filed?

No

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Answered in 10 hours by:
10/18/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,785
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Unfortunately, there is some not so good news about this I am afraid. We get this situation frequently from those who live in golf course HOA and the courts hold that once someone assumes the risk of living in such an area, the HOA is not liable for damages caused by golfers to the property. It is not up to the HOA to stop the damage, but if a golfer is identified as causing particular damage to a home the homeowner could hold that golfer liable for repair. Of course, most times in these cases you would not see who did the damage and then the owner needs to either have insurance for coverage or pay for repairs themselves.

If the HOA does not prevent it, some residents put up netting to protect their home from damage, but if the HOA prevents that from being done, I am sorry to say that waiver you signed and the fact that you assumed the risk by moving into an area known for flying golf balls would absolve the HOA of liability.

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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,785
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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