HOA no trespassing enforcement

Started by Nguyen-catL • 6 replies • 2514 views

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Nguyen-catL (California)
Posts: 2

Posted:

Howdy,

I am new to this board and would like to get some feedbacks regarding the following issues:

My neighborhood is a condominium complex with detached garages on private property. We have been plagued by garage burglaries for 6 months; the cops say they cannot spare extra patrol in our area and the burglars have realized that, they are becoming increasingly bolder: their latest exploits include another garage break-in in broad daylight and climbing on a balcony to steal a bike.

The HOA management company (American Management Services) says that home security is not their responsibility and washes its hands from any necessity to take actions. I think this totally non-sense because I purchased property on land they are responsible for, so my reasoning is if they fail at keeping trespassers off the private property, shouldn't they be held accountable partly for the burglaries?

I am considering rallying my neighbors to talk about firing them.

Thank you for your time and feedback on that matter,
NCL

TimB4 (Tennessee)
Posts: 21,061

Posted:

NCL,

You and your neighbors own the private property and are responsible for it's security.

You and your neighbors entered into a contract (the CC&Rs) and agreed to live a certain way on the property you jointly own.

You and your neighbors created an Association and empowered it to oversee the contract and provide certain services.

You and your neighbors elected a board of directors to execute the powers and responsibilities of the Association.

Your elected Board of Directors entered into a contract with the management company to assist them in providing the services and fulfilling the responsibilities of the Association as specified in the CC&Rs.

If you and your neighbors believe that the Association should be responsible for providing security, then gather them together and amend the CC&Rs to include security as one of the Associations responsibilities. Once this is done, the Board can raise your assessment to help pay for the security measures.

Of course another option might be for you to organize a neighborhood watch or place a camera within your garage to capture the criminals in action.

I know it's not what you wanted to hear, but I hope it helps,

Tim

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 06/17/2012 9:47 AM
NCL,

You and your neighbors own the private property and are responsible for it's security.

You and your neighbors entered into a contract (the CC&Rs) and agreed to live a certain way on the property you jointly own.

You and your neighbors created an Association and empowered it to oversee the contract and provide certain services.

You and your neighbors elected a board of directors to execute the powers and responsibilities of the Association.

Your elected Board of Directors entered into a contract with the management company to assist them in providing the services and fulfilling the responsibilities of the Association as specified in the CC&Rs.

If you and your neighbors believe that the Association should be responsible for providing security, then gather them together and amend the CC&Rs to include security as one of the Associations responsibilities. Once this is done, the Board can raise your assessment to help pay for the security measures.

Of course another option might be for you to organize a neighborhood watch or place a camera within your garage to capture the criminals in action.

I know it's not what you wanted to hear, but I hope it helps,

Tim

Welcome to HOA Talk.

Tim offers sound advice.

Like the enemy is me, not them.....LOL

Nguyen-catL (California)
Posts: 2

Posted:

Thank you for your input.

Yes, security in our units is up to individual owners, and putting cameras inside our garage is our responsibility. I'm talking about the communal grounds, we pay AMS to maintain and keep trespassers off our grounds.

I feel powerless because nothing is being done, and crimes keep on going.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By Nguyen-catL on 06/18/2012 11:23 AM

Yes, security in our units is up to individual owners, and putting cameras inside our garage is our responsibility. I'm talking about the communal grounds, we pay AMS to maintain and keep trespassers off our grounds.

I feel powerless because nothing is being done, and crimes keep on going.

The California courts have already established that a condo association has the same duty to protect its residents and guests in common areas as a landlord would for rental property. See Frances T. v. Village Green Owners Ass'n, 42 Cal.3d 490, 229 Cal.Rptr. 456, 723 P.2d 573 (1986). That case involved an attack upon a person, rather than property, but I would think that there would be little distinction as one of the key points in that case was that the association “had actual knowledge” of a danger and failed to remedy it.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By Nguyen-catL on 06/18/2012 11:23 AM
Thank you for your input.

Yes, security in our units is up to individual owners, and putting cameras inside our garage is our responsibility. I'm talking about the communal grounds, we pay AMS to maintain and keep trespassers off our grounds.

I feel powerless because nothing is being done, and crimes keep on going.

Id suggest requesting a copy of the contract for security and see exactly what they are to provide. Once this is known, you will know if they are upholding their end of the contract.

if they are, petition the Board for additional security measures. However, this should be a helpful petition with some research done as to what exact additional measures you want, how it is to be implemented and costs involved. Again, if Assessments need to be raised to pay for the additional security, you will need to sell the plan to your neighbors so it can be paid for.

If the company is not upholding their end of the contract petition the board to make the company comply with the contract or fire them for cause. This should have specifics showing how they are not complying with the contract.

If the Board is unwilling to act on either petition, then your other option is to recall the board or vote in a different board at the next election. Then the new board will be able to act on these issues. Perhaps you will be willing to serve on the board.

I'd suggest that you start your background research by reading and understanding your governing documents and by attending board meetings to learn what the issues are that the board is trying to address. Perhaps you will even be able to offer suggestions that the current board hasn't thought of.

Hope this helps,

Tim

FredS7 (Arizona)
Posts: 927

Posted:

>we pay AMS to maintain and keep trespassers off our grounds.

Are you SURE the management company has been directed to provide security?

And when I say "directed": when you direct them you also need to pay for the service. It is possible that security is NOT presently part of their contract. If that is the case, they would be exactly right to say that security is not their responsibility. The management company should do exactly what it is contracted to do- no more, no less.

> I purchased property on land they are responsible for

This is not correct. They are agents for the association, and the association bears the responsibility. The association (you and your neighbors collectively) decide what to have the management company do.

I can easily imagine a situation in this economy where better security would really be a good idea...but where the association is unwilling to approve the additional cost.

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