Is HOA Responsible for Car That Was Vandalized?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.