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Condo association security policies and liabilities they may bring

Posted on Sat, Apr 02, 2011 @ 12:12 PM
  
  
  
  
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.

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COMMENTS

Common sense says no liability--but then you raise the complicating issue of a buyer who alleges that she relied on that sign when she bought...This calls for actual expertise. Not guessing. Call a lawyer.

posted @ Saturday, April 02, 2011 12:49 PM by Peter Spencer


This is a good question that the current insurance company can answer - as to their defense of a claim against the board. 
 
The change to MAY is definitely a necessary action.  
 
The management company is not the association's attorney nor the insurance company providing coverage for the association. The board would be advised to verify this further.

posted @ Saturday, April 02, 2011 12:49 PM by Nancy Jacobsen


i had a similar situation at a shopping mall which i managed. signs were posted to deter, but no camera. legally......no contest, we lose !!

posted @ Saturday, April 02, 2011 5:54 PM by brian


That is not a security issue for your condo. A proper security issue for the condo is whether your condo has place a device such as trap door or trap gun to trap a burglar, and resulting the burglar being hurt or killed by electric voltage or by gun fire. 
 
The other legitimate security issue is the Francis T v. HOA which is a security issue towards members of the HOA, not outsiders or visitors. Search the Internet with the case name. You will know about the facts and laws of Francis T case.

posted @ Sunday, April 03, 2011 11:54 AM by BETP Inc


Is your property completely fenced and then has the gate? or is it open in parts of the community? The gate is only as good as the people using it or whether they give out the code. It does not keep criminals out- criminals find ways to get in. Gates are known as giving residents/owners confidence that criminals can not get in. THen residents tend to leave their cars unlocked and doors unlocked when they walk their dogs. Being in property management I would not put a sign up either way. If you do have a camera - residents are relying on it to help them. If you don't have one and something happens the management company or HOA can be sued. We have a camera in our clubhouse for our gym equipment and have no signs up.

posted @ Sunday, April 03, 2011 9:23 PM by Judith


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