How to best address safety concerns at my condo?

UPDATED: Sep 5, 2012

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How to best address safety concerns at my condo?

I live in a condo, and the property has both an HOA and a management company. Today they posted a note saying there was a break-in on the property. Our parking spots are labeled with our apartment numbers, something that isn’t safe because it’s quite clear who is home and who is not. I have asked via my landlord for this to change prior to this event and I also called this evening. The president of the HOA said it wouldn’t change because it was too expensive to re-paint and there have been less fights over parking spots. The parking lot is a ghost town during the day, with few people here. If there are other break-ins, are they liable becasue they’ve made conditions unsafe? Please advise!

Asked on September 5, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, while you make a good point, they most likely would not be liable. That is because to be liable for the criminal acts of third parties, the HOA must have done something negligent, or unreasonably careless, causing or facilitating the criminal act(s). It  is not uncommon to paint parking spots with the names and/or unit numbers of residents; since it is not uncommon, it would not be viewed as unreasonably careless to do this.

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