SAN DIEGO — Homeowners in a condo complex are perplexed as to why they must pay for damages on their property made by San Diego Police during a SWAT standoff.
After an 11-hour standoff, a suspect who barricaded himself behind the gates of a University Heights condo complex was found just below Claire Cummings bedroom window.
“We couldn't see him, but we could hear him,” said Cummings.
Police say the suspect was wanted in the deadly drug overdoses that happened the week prior at a home three doors down from the Cummings'.
“We heard them yelling at him trying to convince him to come out,” said Cummings.
She says she came out on their balcony in the alley and offered to help police get behind the locked gates where the suspect was hiding.
“We offered them the key and they said, ‘no we're good,’" said Cummings.
She says SWAT then proceeded and busted down a metal gate that took chunks of stucco off the building and then tore off a piece of a wooden fence.
Police took the suspect into custody and wrapped up the scene but left behind the broken gates.
“They left a note saying, ‘hey here's how you can submit a claim with the city,’” said Cummings.
The HOA filed a claim and shared the documents with CBS 8, including invoices totaling $615.57. But the city recently denied the claim.
For safety reasons, neighbors said the damage done to the gates needed to be quickly repaired.
“We've passed on photos, we have the claim number, eyewitness in what happened and it doesn't seem like it budged the city at all,” said Cummings.
In emails, the city didn't initially give an explanation when CBS 8 reached out looking for answers,
"The City's Risk Management Department does not have any further comment regarding this claim. If the claimant needs additional information, they can reach out to the adjuster."
A neighbor who wanted to remain anonymous says she followed up with the adjuster and was told the HOA was responsible for paying for damages incurred by police.
The city's response in the claim to the HOA informed them they had six months to file a court action.
“I don't really understand why the solution is that we should take this to court,” said Cummings.
CBS 8 followed up with the city asking:
What kind of explanation is this? If police did the damage why would the HOA have to pay for it? And if they want further explanation, why would they have to file a lawsuit?
The city responded in an email,
“When a claim is denied, the claimant is provided with a written response outlining the remedies allowed by state law.”
“We offered a different solution; we had a way to give the SWAT team keys and they said no. So yeah, it seems to be in my point of view, it's something the city pays for,” said Cummings.
When CBS 8 asked the city about the guidelines when considering a claim, they forwarded a link to the Claim FAQ website.
One part states that all information that could support the claim should be provided. This includes documentation, estimates, photos. The HOA included that documentation and it was still denied.
CBS 8 will continue Working for You on this matter.
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