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Home & Garden

Criminal Activity in your HOA

Is your HOA safe?

Many HOA's have Neighborhood Watch signs posted prominently to discourage criminal activity. Most of those are 30+/- yrs old. Unfortunately over the years HOAs become complacent about criminal activity. Members barely know their neighbors. Some Members are even lulled into thinking when they do see criminal activity they call the Board President or the Management Company instead of the police. A good Board will remind you to watch out for your neighbor, a bad board ignores what a Neighborhood Watch can accomplish.

Try bringing up reactivating the Neighborhood Watch program to your Board and all you'll get is a big yawn. Even when there's been criminal activity in the neighborhood, they don't want to hear about it. They're more likely to be worried about someone sticking gum on a deck chair at the pool, then a burglary.

For your information, there is an Arizona appellate court case that determined that the association had a duty to protect its members and their guest. The case is Martinez v. Woodmar IV Condo No.2 CA-CV 96-0102. This case involved a guest of a homeowner that was shot by non-residents on the common property, that entered the community. The community was gated but unmanned, and lighting in the community had been not maintained. The court found the association liable for the assault because of their "Duty to Protect" the residents from foreseeable harm. It is reasonable to conclude that from actual behaviors that have caused the use of association funds to the community be informed and ask to be on the lookout for suspicious behavior. Just like if a burglary took place in the neighborhood the association would have a duty to inform the rest of the community so that they could protect themselves from further activity. Dennis Legere AZHOC

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If your Board is as lapse and rogue as most boards, pull police reports and use internet services that show criminal activity after the fact, so at least you know what's going on. What's the worth of those assessment fees you pay if an HOA board fails to keep you informed of criminal activity.

If you have suffered HOA abuse, contact HOATruth.com. Dennis Legere is the principal advocate. Or you can reach me at EarsUp@iCloud.com. Full disclosure, neither are attorneys. We do this bc we don't like bullies. FREE.

Find out what's happening in Tucsonfor free with the latest updates from Patch.

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