Question:
As a result of an adverse possession of our condo home, we now find ourselves in litigation. During the 2020 pandemic we took a trip out of state and while away received notice from our property manager that someone had broken into our unit and changed the locks. As it turns out a convicted felon took possession of our home and personal property within. We called the Florida Orange County Sherriff’s Dept. to report the crime and was told that it was a “civil matter” and that there was nothing that they could do. The OCSD suggested that we contact our HOA and we did. At first, they seemed very concerned that someone had broken into our gated and security patroled community and they assured us that they would report the incident. In a nutshell, our HOA did nothing and stood down while our home was vadalized/robbed in plain sight, in fact our property manager videotaped the incident. Our HOA went on to assist the felon in the conversion of our home and illegally transferred our HOA membership rights to the felon. Our HOA then warned us via email not to bother them again and threatened legal action against us if we did. As insane as this sounds it’s still happening now in the state of Florida in fact our HOA is assisting the felon who stole our home/property in the rental of our home to third parties. We now have actions pending aginst the felon/state and now need to focus on our HOA who acted as an accessory in the criminal theft and conversion of our property. Any suggestions?
– Patricia
Answer:
Hi Patricia,
Homeowners associations are generally not held liable for crimes that happen on the grounds, but there are a lot of gray areas here. For example, if the HOA failed to maintain its security measures (such as neglecting to repair a gate that allowed entry to the criminal), a court may find it legally liable.
Your situation is quite unique, so it’s best to seek counsel from an attorney. I hope everything works out.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
