Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> California Condo & HOA Law

Real Estate & Property Law

: California Condo & HOA Law

DOES TAKING SECURITY MEASURES INCREASE RISK TO HOA or Condo Association?

Since we are on the issue of security, I have heard from some readers about it. This, received today:

"Some years ago, our board discussed the possibility of putting security cameras in the garages (we are stacked units with gated garages underneath). We have had occasional theft from cars, items taken, even battery removal, and homeowners felt we should have enhanced security. It was decided against because the board was informed that, if the cameras failed and there was a theft, the liability to the association would be even greater. Could you comment on that aspect?"

My thoughts on that are:

If no HOA or Condo Association ever took any security measures because they feared it would increase the risk of liability, then those HOAs and Condo Associations would be in trouble and lots would have suffered more vandalism, parking issues, crime, etc. that needed the security and did not get it.

It is true that any entity, including any HOA or Condo Association or its Board that provides owners and residents with a "false sense of security" can get into more trouble than no security at all.

It is also true that taking responsible security measures can prevent crime.

So what is the key here? "False sense of security" is the key.

In other words,

If there is evidence of a failure to follow through with representations about security, that could be a problem.

If security measures are taken and there is a lack of diligence on the part of the HOA / Condo Association or security personnel cause more problems than they resolve, that could be a problem.

As some particular examples:

An HOA / Condo board puts up security cameras in the parking area and fails to keep them in working condition or never really turns them on ... but only puts them there so vandals will know they are there, and hopes to deter crime ... can that lead to liability? It could, if an owner claimed that the board gave owners a false sense of security. If the HOA or Condo board notifies residents that it is placing security cameras in the parking areas but that does not mean it will assume liability for any vandalism or theft, will that help? It might.

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 board hears about the rapist in the area, and hires drive through security guards to patrol the areas, and the 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 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.

Try bright lights on motion detectors or alarms or loud music on motion detectors for dark areas where crime seems to occur or undesirables seem to gather after dark.

If you use security cameras, or in any case, include notices to residents that while the cameras or other measures are being taken and the intended purpose is to deter crime, that residents should not get lax about their own responsibility to be watchful, avoid leaving valuables in vehicles, lock vehicles, etc. and that the measures are not intended to give owners a false sense of security.

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 Board did too much that went wrong or did not do enough. 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.

Full post as published by California Condo & HOA Law on February 26, 2009 (boomark / email).