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My condo homeowners association will not improve security. How can I get them to remedy the situation?

Asked over 2 years ago - Atlanta, GA

I have suffered $2000 in damage done to my cars in a covered garage. Because our property has no fence, intruders can come and go at will. Several other owners have also suffered damages. Our new board commissioned a task force to come up with recommendations to improve security. A $20K fence was recommended. We have the money in the bank but some members of the HOA don't want to spend the money. "We haven't had any problems lately. It hasn't happened to me." They would rather spend it on pansies. I sometimes leave for work at 0400. I carry a gun just in case I am accosted. This is crazy but I am in fear of running into an intruder. How can I convince the board that the cost of even successfully defending the HOA is more expensive than the fence?

Additional information
We are in a gated community and the electric gate keeps random cars from driving in and out but the gate won't prevent the intruder from parking outside of the gate and walking around it, making the score and then walking back to the car.

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Attorney answers (1)

Joshua G. Schiffer

Reputation Level 11

Answered over 2 years ago. Domestic Violence Lawyer in Atlanta, GA.

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There are several issues at play here, most importantly your safety and property rights. As for the HOA, most likely your Condo is run by an elected board and therein lies the basic problem. Simple democracy is at work and until enough residents care enough to vote for your position, you are kind of up a creek. Basic politics can be very contentious in these communities and often lead to major issues such as yours. In order to win you have to play the game and get involved in your Condo Board. As for the safety issues, property/premises liability is a major concern. A property owner or manager may be found to be liable for problems on the propery if they were notified of the problem and failed to mitigate it in a reasonable manner. I would advise you to find an attorney and talk with the management company's legal representative to address this issue as soon as possible.

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Other answers (1)

rocketdog

Answered by a user, over 2 years ago.

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I live in a similar community. However, in our case, the new task force is wanting to build a fence all the way around the perimeter of our property. Because of the large costs incurred, each homeowner would be charged an assesment of $500 in the middle of a recession. I am a single female in my 30's and do not feel unsafe in my complex. Crime happens everywhere and it is unfortunate. I think it can be reasonably argued that a fence does not stop criminals; it will only slow them down. Try watching an episode of COPS.

I am not sure that a board can be held liable for events on a property. They are here to protect property value; not to protect home owners for evil doers. If the home owner feels that unsafe, they should move out of the area all together.

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