We are in a Florida condo and a tenant wants to install a camera over his door to watch the carport where his car is parked.  His car was robbed, not broken into, and he feels he needs to watch it to prevent future thefts.  He should have locked the doors since no other locked vehicles were robbed.  Installing a camera will not assure him no more trouble, but locking it may help.

How should the board handle this?  He cannot drill into the condo walls on the outside and the camera would only view the top of the carport since he is on the second floor. Our documents do not address cameras but it does restrict the unit perimeters as stopping at the doors and windows so putting anything on the outside should be prohibited.

Our community is gated, however we do not have security cameras. A sign was posted on the gate that says that this property has cameras. it was done so as a way to ward of criminals.  I questioned our liability for posting such a sign when, after damage to a car, one resident asked for a copy of the camera tapes and was then told there are no cameras. The sign was then changed to say that the property MAY be under camera protection. We still have no cameras. Our property management company tells us that there is no liability that comes with such a sign. I still question our liability. What if someone wants to know when the cameras are running, or sues because when they moved in, they were led to assume that there was some camera protection. By the way, the person who asked for the tapes and was told we did not actually have any, did not pursue the issue.

Is condo association living right for you? Consider the following:

Amenities you'll want: Many of the newer condo associations development offer a pool as well as health and exercise facilities. If they do offer them, you'll pay a higher condo association fee so decide if they're really a benefit to you. This will be your home so choose a community that fits your lifestyle. Consider things like children, pets, parking spaces and the developments location to surrounding communities.

ADA compliant: Do you currently need or will you need disability access to your unit and common areas? There are many condominiums that are high-rise that might mean many trips up and down stairs if they don't include an elevator to get to the higher floors.

Security: Check the level of the condo association security being maintained by the development. If you are elderly or you have children, then security needs to be high on your list of priorities. Check out the lighting and see if there are security cameras in use at all times. Burglars don't like lights and cameras.

Condo association fees: Ask what they currently collect each month and more importantly what increases are planned? Remember when you pay this condo fee you're paying to maintain all the buildings in the complex, the insurance, any landscaping, the security and even administrative costs.

Insurance: Your association fee should cover the condo association insurance on the physical structure, make sure you ask this. You as the owner of a unit will typically be responsible for insuring your own personal items maintained within your unit.

Financing: The condo association rules governing the condo financing on condos can be complex depending on the condo developer and the association's rules. Once a condo development has passed the new financing guidelines as directed by Fannie Mae and FHA each unit in the complex is treated and financed just the same as a single family residence.

Condo association living can be just the right decision for your current lifestyle but it isn't for everyone. It is a good choice if you're looking for convenience, little to no maintenance and value. Think about how you currently live, what your household is like today and look five years down the road, where do you see yourself? Maybe, living in a condo really does make sense.

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Consider the following situation: What if an HOA or condo board hears about a possible rapist in the area but does nothing to add security to the parking area and a resident is raped. Is that HOA or condo association or board liable? What if that same HOA or condo board hears about a possible rapist in the area and adds security cameras in an effort to deter or catch a rapist and neither happen, yet there is a rape, is that HOA or condo board or association liable? The condo board hears about the rapist in the area, and hires drive through security guards to patrol the areas, and the condo security guard shoots someone he or she thinks is the rapist. Is the HOA or condo board liable?

You can bet that in any of the above cases, the HOA or condo board or association may be sued, in fact, will likely be sued, as people love to point fingers, even for acts that are far outside the realm of reason. That is the reason to have good condo insurance coverage. But does that mean give up on security for fear measures will backfire? No, it does not. What it means is choose what seems to be the right means for any situation where there are indications that security is needed.

You might poll the owners to see what they favor, or not. Be sure you have a good contract with a security company that shields the HOA or condo association from liability for the bad or negligent acts of the personnel.

In other words, although it sounds simple to say take reasonable measures in light of the problems you are trying to address, it helps to keep the members informed, and understand that in most if not all cases that have been filed against HOAs and condo boards, the HOA or Condo Association often becomes a "target" because it is a possible source of cash (yes, lawyers think that way). The cases are probably about even in terms of arguing the condo board did too much that went wrong or did not do enough. Condo associations continue to be considered a "deep pocket" in assessing possible defendants, and that the entity is probably always going to be included in any lawsuit where there is an accident or crime on premises, no matter what it does. However, being able to show it acted reasonably under the circumstances, and took reasonable action in light of the situation, may provide a partial or full defense to any such action.

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Security for your Community Property

Whether your association property is a suburban complex or an urban building, securing your property should be part of your condo association’s agenda in order to reduce liability and give association members a piece of mind.

 

Associations should consider security initiatives that are preventative – meaning these initiatives should deter someone from considering to enter your property before physically attempting to do so. Here are some preventative security measures our association successfully implemented beyond an alarm system:

 

Hire a Security Company – Certainly one of the most obvious initiatives, but not all HOA and condo associations can afford it. Maybe a part-time security service makes sense? I live in a metropolitan city and we have looked to hire security services on certain evenings when street traffic and the number of pedestrians passing by is heavy; especially later at night. Other times that extra security makes sense are national holidays, like the week of July 4^th, when most of our residents leave the building for the majority of the week for their summer vacations. This is prime time for would-be burglars and other perpetrators. If there are a couple HOA or condo associations in the area, maybe group together for a shared security service.

 

Install a Security Camera – Not only will it record activity on the property, but it’s a great deterrent when prevalent for all would-be perpetrators to see. A sticker or a plate near the front door noting the security cameras is a good deterrent as well. A good video camera and DVR should cost a couple thousand dollars. The price of installation will depend on the level of access for the electrician to wire the cable and electricity.

 

Add Motion Triggered Flood Lights – Another great security and safety measure, especially in low visibility areas like alleys and access ways. Best part about it – its not expensive to buy or install either.

 

Require New Keys – Over the course of a year, the number of people that get access to keys for your property can be astonishing. This includes not only vendors and workers of the association property, but workers, friends, and relatives of the residents too. We distribute a special security key made from a very expensive key making system and only a limited number of locksmiths have it. This keeps people from easily copying keys. We provide 2 keys to each association member. If they want more, they need to purchase extra keys at a profit to the association.

 

Address the Behavior of the Condo Association Members – For us, being in the middle of a major metropolitan city creating a huge security problem, every day, due to residents just not being careful and thoughtful about security. On a number of occasions, either owners or renters have propped open our main entrance to move something in or out of the building. This has made us highly susceptible to potential perpetrators who see an open door and can enter the building. Although we have a recording security camera, we don’t have close circuit to the units, so residents can see who’s at the front door. This created a problem for us, since residents were buzzing strangers into the building. We were able remedy these problems by 1) having a meeting and communicating the problem, 2) implementing a find to try to modify this careless behavior and 3) following up with a condo association memo. This initiative, I believe, have been the most successful preventive measure to date.

 

These initiatives have helped us reduce our security issues. What has your condo or HOA association done?