Bikes Stolen in HOA – Who Pays?

 

Here is an email I received about stolen bikes:

“Beth, my 2 bicycles were just stolen. I found out from the Board that the security cameras have not been working for some time now, and they will not have any footage of the person/s who stole the bicycles.

Can I request for the board to pay for my bicycles because they did not make the homeowners aware of the faulty security system?”

You can always ask – however, unless there is some obligation stated somewhere that the board assumes responsibility, I assume they will probably say no. It is not because the cameras were out that the bikes were stolen, it’s because there is a thief in the area. Don’t you carry insurance that might cover the loss? Maybe the HOA does. Review the HOA documents to determine that the association is responsible. Perhaps more information would suggest a more definitive answer. An owner might be able to make a decent “reliance” argument but if a board says no – the only way to test it is small claims court or paying a lawyer to go to “big court”. The second choice would cost well more than new bikes.

 

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