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Security Cameras in HOA Common Areas

I have requested security cameras on our recreation buildings, specifically overlooking our parking lots. We have had a rash (6) of stolen golf carts in the last month. The police first question is “where are your cameras?”
We do not know how there are being taken ( trailer, hot wire, etc.) My cart was only 5 months old and had a specific ignition key and an electro-mechanical rear wheel brake that is difficult to release without the key in the ignition.
Our HOA Board refuses to entertain installing cameras with recorders due to “legal issues”
Can anybody give me some info on this “legal issue”

2 Responses

  1. dennisl

    James,

    Your HOA is blowing smoke up your skirt. The common area is the property of the association and the association has not only the right but the duty to protect it. If crimes are occurring on the common property Arizona case law as defined that the association could be held liable for those crimes if that failed to take reasonable measures to protect the property or the members using that property.

    The case in point involved a man (visiting a homeowner) that was shot on the private street of the community by neighboring gang members. The association was found liable for that shooting because they failed to maintain street lighting, and failed to man the community gatehouse that was intended to be manned around the clock. The association knew of the gang activity in adjoining communities and failed to take reasonable measures to protect the members of the community or their guest on their private streets. The association was forced to pay millions of dollars in restitution to the injured homeowner guest.

    The case was Martinez v Woodmar IV Condominiums from 1996.

    So if your association refuses to install security cameras on their common property to protect not only their property but that of the owners then send them a bill for your stolen golf cart and tell them they can either install cameras or pay to replace all stolen golf carts from their property. Or they could be sued for substantially more based on case precedent.

    The danger is clear the association knows of the issue and either they do something about it now or they will be liable for anything that happens in the future. What is the difference between the cited case and if a cart owner happens upon the thief and in the confrontation the cart owner is seriously injured or killed. If no actions is taken by the board they could be held liable for the death of that individual.

    Dennis

  2. James Westfall

    Thank you Dennis for the information. I will be sending a bill to my HOA! Along with a copy of the Case Martinez v Woodamar.

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