All too often, residents and their guests disregard a condominium corporation's basic safety signs by closely following other vehicles as they make their way into the entrance of the parking garage, without using their remote control or entry card to activate the garage door opener. In some cases, impatient drivers start driving into the garage before the garage door has full opened.
While the condominium corporation is clearly not the wrongdoer if damage is caused to its garage door, the path to indemnity is not clear, especially if a wrongdoer flees from the scene. Will the condominium corporation's insurance cover the loss? But who pays the deductible? Is the condominium corporation limited by its declaration's indemnity provisions from pursuing the owners (most indemnity provisions exclude claims against owners where the loss is insurable)? Or, is there another path to indemnity? And, are there safeguards that a corporation can put in place to help secure this path to indemnity?
We have been successful in assisting condominium corporations recover its losses, and would be pleased to assist you.