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KateB4 (Colorado)
Posts: 1
Posted:
Hi all -- Our Board voted (against my vote) that "If a security breach occurs from an unlocked car or unit, the owner or resident will be financially responsible for all costs incurred from this theft." I believe this is wrong and impossible to enforce. We have recently had 2 garage break-ins with garage remotes stolen from unlocked vehicles. Yes, there is a cost to reprogram the remotes for everyone, and therefore I support a fine to offset this cost. But the idea that a homeowner is fully financially responsible for all costs incurred from that theft I don't believe to be ethical, fair or possible even legal.

Have any of you run into this? What are your thoughts on this topic?

Thanks!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If the doors are left unlocked legally that is NOT a break-in. It is an Illegal entry. Basically, one should talk to their individual car insurance company on the ramifications of what is covered if car is entered while unlocked.

Believe this is overstretching the arm of the HOA's responsibility. The cost of replacing the security equipment is part of the cost of having security equipment. The HOA took it upon themselves. Should one who is a victim of a crime be responsible? No. It's kind of the cost of doing business.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kate

Stop playing lawyers.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Let me see if I understand this.

The Association has a secured garage (gates, doors).
When a theft of a remote occurs, the Association must reprogram all remotes (which takes time and money)
The Board voted that if a theft occurs due to failure to secure the issued remote, that that individual should be financially responsible.

Sounds good on paper.
In practicality, if might be different.

Has your board considered using a different entry method?

Keycards can be activated and deactivated far easier and cheaper then remotes.
Might be something to look at as a long term solution.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By KateB4 on 09/20/2017 4:05 PM
Hi all -- Our Board voted (against my vote) that "If a security breach occurs from an unlocked car or unit, the owner or resident will be financially responsible for all costs incurred from this theft." I believe this is wrong and impossible to enforce. Seriously??? ... LOL ... So if I do not LOCK my VEHICLE another entity is supposed to be responsible for MY actions???. We have recently had 2 garage break-ins with garage remotes stolen from unlocked vehicles. Yes, there is a cost to reprogram the remotes for everyone, and therefore I support a fine to offset this cost. But the idea that a homeowner is fully financially responsible for all costs incurred from that theft I don't believe to be ethical, fair or possible even legal. NOPE ... Sorry ... If an OWNER did not lock their Car or Unit that is their PERSONAL problem ... NOT my HOA's!!!!

Have any of you run into this? What are your thoughts on this topic?

Thanks!

SheliaH (Indiana)
Posts: 6,964
Posted:
What Janet said. HOAs can do a lot of things but they can't legislate common sense. The people whose remotes were stolen should have to pay for replacement (that's what homeowner's or auto insurance is for).

By the way, shouldn't everyone have a unique code for their remotes anyway?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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