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HOA liabilty for a stolen Motorcycle in gated subterranean parking lot

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Michael_answers

Junior Member
I wanted to get some feedback in regards to a recent incident in my condo complex. My motorcycle was stolen early Januarary of this year (the 8th to be exact) from the subterranean gated parking lot the building provides for us. The parking lot has remote access to enter and is equipped with 6 cameras. I locked my bike up with a caliper lock so that it cannot be rolled away which leaves a theif the only other option of loading it into a vehicle. In an attempt to view the survailence tapes of the parking lot i contacted the president of the board members for the HOA who said non of the cameras in the parking lot worked. He further mentioned the camera that watches the front door entrance to the building was stolen. The front door also does not shut properly, a key is needed to open it but as the locking mechanism does not function properly it leaves the door open to whom ever would like to come in. I would like the HOA to cover my losses as i only had liability insurance for the motorcycle and feel strongly that they should be resposnsible due to there lack of maintenance.
 


atomizer

Senior Member
Actually, you do have a case if anything was written or conveyed to you regarding safety and or security due to camera or surveillance system at the time you signed your lease. However, I don't know who should be sued.

I have cameras on my property, but have disclaimers in the lease regarding their usefullness.,
 
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Michael_answers

Junior Member
I know my lease doesn't say anything in regards to the buildings security cameras, but I rent from my landlord who owns this condo. I asked the property management company for a copy of the HOA policy but they issued me a POLICY DECLARATION Condominium Premier form which only states the PROPERTY COVERAGES AND LIMITS OF INSURANCE. I sent the HOA a certified letter a few weeks ago briefly explaining what happened along with an estimate of my losses, I know they received it but they never responded and in the past two weeks they have installed new security cameras and fixed the front door to the building that never locks.
 

atomizer

Senior Member
Your case depends on whether you are able to make the argument that you were put into a false sense of security through the use of there security system. By installing a security system, the HOA has willingly enhanced it's liability to its renters/owners.
 

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