California Court Holds HOA is Not Liable for Injuries Caused by Criminal Conduct in Common Area

California Appellate Court decision (February 28, 2017).

This case involved an action brought by a condominium complex resident (“Plaintiff”) against the homeowners association that owned and operated the property (“Association”). Factually, Plaintiff was permanently injured at the condominium complex late one night when he was standing in a common area outside of his unit smoking a cigarette when two assailants, who also lived in the same complex, attacked him from behind and shot him. As a result of the injuries, Plaintiff was rendered a quadriplegic. Plaintiff sued Association contending that it was liable for his injuries and damages because it failed to provide adequate security to prevent the attack. The trial court granted summary judgment in favor of Association on the basis that Association did not owe Plaintiff a duty to prevent the random and unprovoked attack upon Plaintiff. Plaintiff then appealed.