COLLIER COUNTY, Fla. – Two victims of the so-called Ninja Robbers are suing their homeowners association saying the HOA did nothing to protect them.
In 2014, several armed men broke into five homes in Collier County, tied up their victims and stole cash, jewelry, even cars.
In a 200 page complaint, Sabrina and Mike Ferry, who live in the Estuary at Grey Oaks say their HOA was negligent in protecting them.
The Ferrys say their HOA knew about the home invasions, but never did anything to fix a missing piece of the perimeter fence. The Ferrys say that same fence is how the Ninja Robbers got into the affluent neighborhood then continued their crime spree in the Orlando area where they were finally caught.
Richard DeBoest is a partner at Goede, Adamczyk & DeBoest. He is not involved in the recent lawsuit, but represents several homeowner’s associations and recommends his clients to stay out of the security business.
“We tell them call it access control,” said DeBoest. “Don’t say we’re providing security because then if the security fails, they’re gonna say ‘well, you told us you were providing security.'”
DeBoest tells WINK News, the primary purpose of a homeowners association is to enforce the rules for landscaping, leasing, pets and parking. Basically, anything that could help keep property values up.
“Effectively, the money going to defend the lawsuit is going to come right out of the assessments that they’ve collected from all the homeowners including the family that is bringing the litigation,” said DeBoest.
A judge will have the final say on if the family wins an award, but DeBoest says if they do, it could mean extra fees for homeowners in the Estuary at Grey Oaks or a one-time special assessment.