Security Articles
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Perhaps understandably, she sued the association and its individual directors. She alleged the directors were negligent, and that they had breached their fiduciary obligation to her. The court disagreed in an interesting decision that explained there are many ways for an association director to run afoul of the duty of care.

The court indicated the directors had actually done their fiduciary duty, because they adhered to the governing documents when they instructed Ms. T to stop tapping the communal electricity. But, said the court, the directors wear several hats in their dealings with members of the association. As fiduciaries, their duty is to adhere to the governing documents. However, as landlords, they have the obligation to maintain the property in a reasonably safe fashion.

The case underscores the difficulty an association board encounters in security decisions. What kinds of problems create a security need? May existing security programs be discontinued? How about gating the community? Hiring security guards? Should residents be warned about pets or members that have a propensity for violence? The answer is that it depends on the circumstances. Ultimately, only a court or a jury determines whether the board decided correctly. Fortunately, there are a few cases which offer direction.

One example involves "dog cases". In law, it is usually observed that "every dog gets one free bite". That is to say, that until a dog bites someone, it is not known to be dangerous, and therefore the owner has no liability for preventing the first bite. That venerable rule seems to have bitten the dust in Portillo v. Aiassa. In that case, the landlord of a liquor store was held liable for an attack on a deliveryman, bitten by the tenant's guard dog. Though the landlord had no prior knowledge of the dog's dangerous propensities, he did know there was a dog on the premises, and thus, the court reasoned, the landlord should have inquired about the dog's propensity for violence.

This raises the inevitable question: must an association make inquiry about a resident who might have a propensity for violence? Apparently the answer is still, for the moment, "no," according to the decision in Sturgeon v. Curnutt. This case concerned a drunken tenant who shot a visitor on the premises. The court found the landlord was not liable even though the landlord (1) knew the tenant drank, and (2) knew the tenant possessed firearms. However, the court reasoned that the landlord didn't know the tenant handled the firearms in an unsafe manner when drinking!

So what do these cases tell the community association? If the board is reasonably aware of the potential for violence, from dog or man, the board probably has a duty to inquire about that possibility.

Moving from dangerous residents to unsafe premises, let's look at the issue of urban violence. In Pamela W. v. Millsom, a small condominium association was relieved of liability for an assault on a tenant in one of the units. The plaintiff had argued that if the association had provided certain kinds of security, she would not have been raped. The court disagreed, remarking that the association was small and could not have reasonably afforded the devices she suggested. Further, the attack by a stalker, would not likely have been deterred by the devices she suggested. The court also noted that the mere incidence of urban violence in the general proximity of the complex was not enough to put the board on notice of the possibility of an attack, such as that suffered by the plaintiff. For the board to have been required to take greater precautions, the plaintiff would have had to have demonstrated prior, similar instances of violence in the neighborhood of the complex.

In Leslie G. v. Perry, the landlord was held not liable to a tenant who was a victim of criminal assault in a parking facility after the landlord failed to repair the security gate. The court ruled that a victim must prove that it was "more probable than not, but for the landlord's negligence, the assault would not have occurred." In other words, if the association has security devices, they need to be well-maintained. Moreover, parking areas are natural havens for the criminal element; they need to be well-lit, and if there are instances of violence within the neighborhood, residents should be warned.

That "causal connection" which is required to hold the association liable is always possible: a broken security device permits entry of a rapist, or poor lighting enhances the possibility of a successful assault. However, to find a landlord liable, there must actually be an appreciable causal connection between the unsafe premises and the assault.

What reasonable guidelines can the association take based on these cases?
1. Regularly inspect the physical premises. Light the corners, repair the fences and gates, locks, parking control devices and automated security systems.
2. Keep up with local events and news. Warn members of any occurrences of nearby crime, particularly those involving assaults.
3. If contemplating hiring a security provider, ask for and check references. Keep a paper trail of security events.
4. Consider consulting with security analysts. Attend industry conferences and classes and become aware of different options for providing security.
5. Investigate "Neighborhood Watch" and "Safe Streets" programs.
6. If you believe you have a dangerous resident, consult with your attorney about restraining orders which require the police to respond to calls of possible attack.

Security is everyone’s business. A proactive board involves the entire community by advocating personal responsibility and inter-neighbor concern.  Excerpts from an article by Mary Howell   BACK

Concealed Handgun Classes???
Around Portland Oregon, signs advertising "Concealed Handgun Classes" were tacked to phone poles. A sign of our times? Dr. Alan Keyes in his book Our Character, Our Future stated "...we can no longer trust one another because we can no longer make assumptions about the common character of decency that we share as a people." Because of this recent phenomena, there is a growing fear about personal safety. It seems that we are becoming more and more isolated, even as we live within inches of each other.

Personal safety and security are hot topics in community associations. Multi-unit complexes often attract singles with busy lifestyles. While this form of home ownership is relatively carefree, there are downsides...among them is less personal control over security. Most associations won’t allow personal guard dog to roam the grounds, iron bars on the windows or other aggressive personal defense systems. Yet, there seems to be a definite need for the Board to address the security needs in a reasonable way. "Reasonable" ultimately is grounded in "affordable" to the association. Fortunately, there are several budget conscience, yet practical things the association can do ensure better security.

Lighting. Take an inventory of existing exterior lighting and determine where more light may be needed.. Light bulbs can often be switched to energy efficient compact fluorescent types using existing fixtures or with slight modification. The energy and labor savings usually repay the conversion in about a year with the added benefit of increased light. In dark spots, consider building mounted metal halide or halogen lighting that casts maximum light with low wattage. Lastly, make sure that automatic on/off devices are working and set at the right times. Photo-electric devices work fairly well if kept clean and properly positioned. Simple clock systems work well however need seasonal reprogramming. There are clock systems with yearly programs that adjust for seasonal lighting differences and do not need reprogramming.

Landscaping. As landscaping matures, it occupies more and more space, blocking light and line of sight. Periodically, it should be reviewed by the Board or landscape committee for trimming and removal candidates. Trimming may need to be done several times a year for fast growing plants. Consult with your landscape contractor for specific recommendations, especially if new plantings are being considered. Slow and low growing specimens can be installed where security or light blockage is of concern.

Resident Surveillance System...neighbors helping neighbors for the common good. People tend to be more willing to protect the interests of people they personally know. The board can encourage neighbor introductions by way of common area cleanup parties and association socials/block parties. Several of these each year will do wonders for building community spirit, not to mention new friendships. The Board can implement a Neighborhood Watch Program. Information is available through the local sheriff or police department.

Board Policy. The board should be careful not to let the association assume sole responsibility for security. Be extremely careful about advising residents that they live in a "secure" complex as this can place the burden of security on the association and excuse prudent personal safety precautions. Security is a team effort between the association and the residents.

Board Sensitivity. It is important that the board be sensitive to security needs and act in a reasonable way to maintain common area security. All resident concerns should be treated seriously, discussed in board meetings and documented in the meeting minutes. This does not mean that the board needs to cure every security problem that may arise. Many issues are more appropriately handled by local law enforcement officials or may be isolated incidents.

Resident Options. Individual residents that want a higher degree of security can install an interior home security system, better locks and doors that comply with architectural standards. Where appropriate, approve a standard for color coordinated iron security gates.

The board that successfully weaves a successful security program together will take one more step closer toward harmony.  BACK

Mail Box Blues?
Mail boxes can be the deliverers of good tidings such as mail that screams "You may already have WON!" or bad tidings such as mail with return addresses like Internal Revenue Service. There are other times that the mail boxes themselves can be a problem. The following was taken from an area community association:

"Theft of mail from homeowner mail boxes seems to be getting worse all over. Mail boxes placed at the curb make quick and easy targets for thieves. You can limit the possibility of mail theft by placing outgoing mail in your mail box just before the postal carrier is due to arrive and remove incoming mail as soon as possible after delivery."

One of the inherent weaknesses of traditional curb style mail boxes is that they are not lockable and easily accessible to anyone. However, theft is not the only problem. These receptacles also seem to be a favorite target for vandals who take joy in bashing or running over them. Another challenge is the ongoing maintenance. Since they are usually painted, periodic painting is required. The wood or metal posts they are attached to require replacement.

Fortunately, there is a good alternative. Lockable aluminum mail box units in groups of 8, 12 or 16 are available. Installation must be in accordance with US Postal regulations so check with your local postmaster for the latest. If your homeowners association has grouped mail boxes and is willing to consolidate from, say, five locations into one location, the Postal Service may pay part of the cost based on the carrier’s reduced delivery time. This option changes from time to time so if you are interested, call your local postmaster.

Consider also the delivery boxes used by newspaper distributors [the square plastic tubes]. As communities age, newspaper boxes often proliferate. The haphazard array of these boxes often creates a shabby appearance to the property. Newspaper distributors do not have a legal right to locate their boxes on the buildings or property. If such is the case in your community, the board might consider enacting a "no newspaper box" policy and require the distributor to deliver to the door.

Take a hard look at your association’s property. Converting to a lockable mail box system and eliminating newspaper boxes will be a big step in returning security and enhanced curb appeal to your community.  BACK

Playing Cop
Question: Have the courts reached a consensus regarding association responsibility for implementing security measures when a known violent resident exists? We’re considering surveillance cameras and I was wondering about the pros and cons.

Answer: The Board is in a Catch 22 when it comes to security: Fail to inform other residents about a violent resident who subsequently injures someone and the Board is held responsible. Inform residents of a violent resident who subsequently files suit against the association for defamation of character and, guess what?...the Board is held responsible.

In the case of security cameras, there are several traps:
1. Who is going to service the cameras to make sure they are functioning properly?
2. Who is going to monitor the cameras and sound the alert if something improper is occurring?
2. How many cameras and where are they needed?
3. Do security cameras actually stop criminal activity?
4. Is the association responsible for law enforcement?

Installing video surveillance cameras is a very expensive and uncertain method for controlling crime. Security is more perception than reality. Many of the surveillance cameras you see with the blinking red lights are just that...fake cameras with blinking red lights. Using the same theory, inexpensive printed signs that read "24 Hour Surveillance" can be just as effective as cameras (assuming that the bad guys can read).

Paying the cost of major security like guards and cameras should be carefully considered. These measures are often a reactive measure after the fact. Once the hysteria passes, the homeowners’ desire to fund the ongoing costs is rarely there.

Most security problems should be handled by local law enforcement. The association is rarely prepared to deal with real crime in an effective way. Defer to the pros. Even if they are less than perfect, they are trained and paid to do the job. On the proactive side, the association can and should form a security committee and all residents should be given information about Neighborhood Watch and other self help security programs.

The Board can also have local law enforcement attend a board meeting to discuss the issues and solutions. This is particularly important since it will be recorded in the minutes that law enforcement was formally put on notice of problems. Obviously, if law enforcement suggests corrective measures the association can and should take to increase security (like better lighting, fencing, reducing landscape cover, etc.), the Board needs to act. In the final analysis, the association should leave playing cop to the cops.  BACK

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