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.
Find A Property Manager
