Multiple Thefts

Hello everyone, first time posting here, not even sure if this is the right place. Honestly, I am not sure if I should just suck it up and incur the costs associated with the incident I am about to describe, or if I should pursue any other means.

I live in a condominium with an HoA that has refused to replace a couple of bicycles that were stolen from our locked bicycle storage area. And this is within a secured parking lot (requiring an assess fob). Actually, several residents had their bicycles stolen from 2 locked bicycle storage areas in the same garage. My bikes had chains, too. The thief was able to enter and exit as he pleased via an emergency "exit" stairwell. He rigged the fire exit door in a manner which he could open from the outside. However, it is unclear how he was able to enter the garage the first time. The thief was able to access the same exit door multiple times, over a few days and made off with at least 5 bicycles. I believe I was the first to notice my bicycle missing and reported it to the HoA. A police report was made. And over the next couple of days the thief came back, and back, and back. All in all, he was able to gain access to a "secured garage", get through the "secured storage area", and cut through a bike chain, all while going unnoticed. The association refuses to accept responsibility and is not willing to cover the costs of replacing any stolen bicycle. By the way, the thief was caught on video footage, multiple times, and from multiple cameras. The police have been no help. Even after finding one of my bicycles being sold on Offerup. I would have gone in person but it was "sold" a couple of hours before I found the post.

Anyways, I believe this is to be negligent on the association's behalf, but I do not know enough about the matter. Any feedback will be greatly appreciated.

Thanks!

I forgot that you might check your governing documents to see what they have to. say. Maybeyour CC&Rs (Aka: declaration, covenants, deed restrictions) or possibly in your Rules & Regulations.

StephenS16, did you ask your home insurer if perhaps the bikes are covered? Granted I realize the deductible may be higher than the value of the bikes.

If I were 40 years younger, I too would be angry at the COA management and board. To have something of one's own, like two or more bicycles, stolen is a personal violation. However, I believe going after the COA with, say, a lawsuit is a huge gamble. Your attorney would have to prove the COA had a duty to you to do xyz. I am not sure this duty is all that clear here. Also arguably your bike was not sufficiently secured. "Chains are not enough," the COA attorney would argue. "You should have obtained a serious bike lock."

You could certainly pay an attorney a few hundred dollars to a few thousand dollars for a consultation. It's always good to have more information. Some attorneys might even answer your concerns over the phone at no charge. They might say it's not worth it, and talk a bit more about why it's not worth it. Some attorneys deliver wisdom and do so quickly.

I think you should chalk this up as a loss and yes, a lesson. In the future, seek insurance on the bikes (if they are expensive bikes), maybe under your condo unit policy. No more chains. Get a serious bike lock.

Also if you are angry enough, consider getting on the board.

Little aside: Some rascal stole my bike from a suburban train station in the NYC area when I was in college. I had the bike chained to a bike stand in broad daylight. I was not gone even overnight. The thieves broke the chain. I was so angry. I reported the theft to the police. A few months later the police in a town 10 miles away called and said they had my bike. I took a bus to get to the police station and confirmed it was my bike! The bike needed a tiny bit of work but otherwise, I enjoyed it for some years after this. Today the fact that the bike turned up and the police contacted me amazes me. I bought a real bike lock (one of those kryptonite style locks) and had peace of mind ever after.

Maybe your bikes will turn up.

You guys are right. I think my mental health will be better off taking the loss. Thank you for the replies and stories.

I don't see any negligence. From your description, it sounds like numerous people have access to the area. Even if someone with access was not involved, the fact that someone got past the security system does not necessarily mean there is negligence.

The laws in every state are different, but usually, you cannot hold others responsible for the actions of a criminal.

I don't see how it's the COA/HOA's fault they were stolen. However, I do see where it is an expense the COA will need to incur to fix the exit door and/or beef up security. That is where their responsibility really is at. The damage THEY incurred not yours. Which is an exit door and maybe the need to change FOB's. etc...

Keep in mind security cameras do nothing to stop crime. They just record it. Thieves may avoid places with security cameras but doesn't stop them from doing the crime if they want. Just increases their chances of being caught.

When I was in High School I lived in a bad neighborhood. I had the "best bike" So it used to get stolen on a reguular basis. Usually found it in a few days and stole back.