Can I sue my condo association or security for 2 motorcycles of mine that were stolen?

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Can I sue my condo association or security for 2 motorcycles of mine that were stolen?

During their hours of operation, mine and a friend’s motorcycles were stolen. No one saw anything, however the security guard post is at the only entrance and exit and the cameras weren’t operational.

Asked on October 20, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, your condo association is not your insurer: they do not pay you for any losses occuring on their propertly. To hold them liable, you would have to show they were at fault--that something they did caused or materially contributed to the theft. To do that, you have to know how the theft happened: with no knowledge of how the theft occured, there would be no way to prove your case and prove that they (or their security company, if separate from them) were at fault, because you can't show that their acts, behavior, etc. caused or led to the loss. The fact that the motorcycles were stolen from their lot does not, by itself, prove or establish fault.


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