Security Measures And Association Liability

Security measures for common areas, limited common areas, and resident property are a source of constant concern for many Boards, property managers, and residents. Often Boards are concerned with association liability when crimes such as burglary, breaking and entering, assault, and car break-ins occur on association property.

The question asked the most is: what could the association be liable for and to whom? The answer is that it depends. It depends on which, if any, security measures the association employs. It also depends on what the governing documents state with regard to security measures.

If the Board is concerned about liability, it should review the governing documents, and consider the following:

To Whom are Associations Liable? Generally speaking, the association will not be liable to the party or parties that committed the crime. More importantly though, what about liability to unit owners and their guests?

If the association knew or should have known of some condition on the common property, such as burnt out or failing security lighting, broken locks, or un-mended fences, for instance, and that condition contributed to the crime, then the association could be liable. Moreover, if a crime has already occurred and possible lack of security measures may have contributed to the crime, then the association is on notice that there is an issue, and may be liable for failure to remedy the security issue if another crime occurs.

What Should a Board do?

If the association already has certain types of security measures such as: security cameras, private security patrol, entry gates/guard houses, protective fencing or any other kind of security measure that the association pays for and is responsible for, it is imperative for the association to keep those elements in good working order. An association that takes security measures could be responsible if those elements are negligently maintained.

Finally, if an association has serious concerns regarding liability, the Board should consider an amendment disclaiming any responsibility for security in its governing documents.

The most important thing to remember is to be vigilant. If the ass- ociation does take security measures, make sure the Board is keeping these items in a safe and working condition.

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