Real Estate & Property Law

Wild Animals in HOAs - Cat Burglars - Vendors - Watch Out?

Here is a great rendition of facts and suggestions relating to wild animals, and bad people, provided by a friend of mine in the business in response to another article involving what warnings need to be made about the [possible] presence of wild animals:

"Lions, Tigers & Bears.

Boards should not assume that everyone knows about the problem [of wild animals], or would be willing to say they knew under oath. In a case involving a large retirement community in the mid-80s, the trial court found the security company, the management company, and the association liable for failing to warn the owners about a suspected cat burglar.

The defendants, following a series of break-ins and thefts from homes in the association, concluded that a vendor was the likely burglar. They believed the vendor would ?case the joint? while providing services to owners and then return at night to burglarize homes. The defendants did not warn owners. Instead, they devised a plan to catch him, using the owners as bait.

What followed was the break-in and robbery of an elderly resident who was frightened out of her wits. They caught the burglar but the resident sued. The trial court found that the defendants had a duty to warn the owners. In my opinion, boards should publish all sightings of coyotes, bears and mountain lions."

Thanks to Rich Neuland, Esq. of Neuland and Whitney. The Big O.C.

If your association has information leading the board to believe that wild animals, cat burglars or vendors may be a threat to the community, something has to be crafted to give proper warnings. It could mean the difference between actual and punitive (punishing) damages in a lawsuit!

Now I know that you are going to ask about predators - namely persons on the Megans Law List. I have already written my two cents worth on that subject, right here in this blog. See the entry from August of 2009 and another in April of 2006.

Full post as published by California Condo & HOA Law on September 12, 2010 (boomark / email).