Legal Question in Civil Litigation in California

Tow years ago we bought a condo in a HOA believing it is safe because is a gated community featuring surveillance cameras and security guard on duty. Between Decemebr 2008 and February 2009 two of our vehicles has been keyed/vandalized on three different occasion in association parking garage, which is the common area under HOA exclusive control.

Each time incident happend I brought this to the attention of the police (reports available), security guard who wrote their report also and to the attention of the HOA general manager but they took no measures to improve the security in the area where the crime was taking place. To me this looks as school example of negligence. Do you agree?

What also worth mentioning, on at least one occasion one maintenance employee admitted to being the one who vandalized my vehicles. My wife was a witness and she could sign a declaration to that efect. Another HOA member saw that same employee attaching threatening message to my vehicle� a former employee infirmed me that maintenace guy in question was and may still be the crack user... HOA still claim they are not liable for appx. $6,500 in incurred damages. HOA insurance company (farmers) also claims they are not liable... so what can i do? The notes posted on the vehicle tell us to move. Being in fear that our vehicle will be damaged again our use of the property is being effectively restricted.

This all started when I discovered apparent fraudulent activities involving manager and the contractor which cost the HOA over $1,5Mill. Ever since the last incident back in February I am afraid to park in the garage and been parking on the street where I get tickets and my car gets dirty must faster. I am confused because the case law indicates that HOA has liability to take measures to prevent reoccurrence. On what grounds can I sue to recover damages. Thank you!


Asked on 9/30/09, 2:04 pm

1 Answer from Attorneys

There are a number of theories under which you could sue. Without knowing the grounds on which the HOA and Farmers have denied responsibility I can't comment on the merits of the case. At the very least you should be able to get an injunction against the maintenance guy and his employer. Without all the facts it's hard to say more.

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Answered on 9/30/09, 8:10 pm


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