Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I’m being held responsible for continuing payment on tires I had put on credit and no longer have. Please help.”
First, you should look at your HOA documents to see if there are any restrictions on this type of claim. Once you get past that, the biggest question is, was the HOA negligent? That will depend on the particular facts of your case: why the gate was broken, for how long, what was or was not done, when the HOA knew about it, and so forth.
It’s impossible to say without all these details whether you would succeed in your claim. However, as a practical matter, find out what the limit is on small claims actions in your state. If it’s more than the value of your claim, then it won’t cost you very much to give it a shot.
