publish security news

Started by KW3 • 9 replies • 1641 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

KW3 (California)
Posts: 146

Posted:

Hi, For a condo HOA in CA, is it a good or bad idea that any important security/safety news related to the community be published/announced to all homeowners in a timely manner? The examples are: fire causing burn down of a unit, laundry room break-in causing machine damage and money stolen, etc. Is it Board's responsibility to notify/inform all homeowners with detail info for such incidents when occurring? Are there reasons that the association should keep these information from homeowners? Thanks for your opinion.

DonnaS (Tennessee)
Posts: 5,671

Posted:

KW,

I would think that the Board should alert everyone within the community when there is any type of an issue that could be considered as an alert item. Is it their responsibility? Perhaps not but should they do it? Yes, in my opinion. Especially the common area like the laundry room and stolen money from the common area (machines), everyone should be made aware and that IS association responsibility.

Here in my HOA, we have set up a neighborhood watch. Because there is some good distance between all of the houses, we have a group e-mail set up and we send out alerts on vandalism or anyone within the developement who should not be there. This set up also leaves phone messages on cells and our home phones, warning of activities that need attention. But we also do not overuse it so that people will tend to ignore it because of frequent use.

KW3 (California)
Posts: 146

Posted:

Donna,

Thanks for your advice. We already hired on-community security service (not very effective though). My concern is on the poor communication among the association and homeowners. For example, the fire that burned down a unit was caused by the neighbor's stealing electricity. But the detailed info regarding the actual cause and settlement of the incident was never officially made known to all homeowners. The same applied to the laundry room issue. Our HOA has no website and issues only quarterly newsletter (sometimes skipped) to homeowners. Mostly, the newsletter addresses some CC&R violations and rule/regulation reminders. The security news/issues are only touched for swaying association's responsibility to individual homeowners, e.g., the newsletter reported months later that there was a fire causing a total loss to a unit and gave a warning that every homeowner should have their personal properties insured. Nothing about the actual cause, crime, and settlement was mentioned in the newsletter. Is this normal practice to your HOA? Is there any reason that such important information should not be officially released to all homeowners?

GlenL (Ohio)
Posts: 5,491

Posted:

KW, there have been cases reported in the HOA news-feed (main page) where associations have been successfully sued over failure to inform. One case jumps to mind where a rapist was loose in the neighborhood, the Board knew but failed to pass the info along and a woman was raped. Since you have hired "security" the homeowners have a greater expectation of safety from the HOA than in a community without.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 388

Posted:

KW,

Whether or not the assn is resp for providing security to its members is a touchy issue. There have been numerous court cases involving this. Since your assn has hired a security service you are giving the impression that you are providing security to your members. Therefore, IMO, the members should be immediately warned of any unsafe conditions in the community, i.e. laundry room break-in. I think it would be a good idea for your board to consult with an HOA attorney to find out what your exact resp are to your members regarding security.

SusanW1 (Michigan)
Posts: 5,202

Posted:

You could say something like;

Due to incidences in the complex, the board encourages everyone to:
1) lock your cars
2) report any utility violations you witness
3) never leave purses or valuables unattended in the laundryroom

etc.,etc.

You can warn people about incidences, but leave out the particulars.

KW3 (California)
Posts: 146

Posted:

Many thanks to Glen, Mary, Susan, and Donna for all your valuable response. May be I should make it a little more clear about my main question and purpose (as why I need your opinion). My major concern with security issue is not on how to protect the association (or the board) from being sued for security-related flaw or failure to inform (I admit this is also important though). Since there were numerous security/safety happenings in our HOA for the past 10+ years and as the homeowner I have almost never received any official report/notice stating detailed information on any incident, I feel that such poor communication within the community and the lack of information to homeowners has become a major cause, other than the ineffective security service, of the continuing and growing security/safety incidents. It's my opinion that providing such detailed information with regard to security/safety incidents happened/happening in the community to homeowners in a timely manner would be critical as the bottom line to improve the situation: securer and safer. However I also wonder if there are legit reasons of withholding such information to homeowners for maybe "security" reason? I don't see it, maybe someone does?

Let me re-visit the example of the fire incident: (still I haven't received an official report/notice and all the info here I heard from a homeowner who claimed the info was told by the management) A homeowner tapped his neighbor's electrical wire to steal electricity from the neighbor and eventually caused a fire burning down the neighbor's unit to a total loss. Somehow the MM got the insurance co to rebuild the unit, but the association (all homeowners) had to pay a big sum of deductible! And up to now, the homeowner who stole electricity and caused fire is still living in his unit there! (from what I heard)

Another example (I heard from a BD): few weeks ago, there was a big police raid in our community. So far, I and other homeowners haven't received any notice/warning of anything regarding the police raid, not even what it's for.

I have asked myself: Am I asking too much for this? Am I making it too big a deal? Why can't I (and other homeowners) be provided with the important information from official/reliable source? Anyway, under this kind of situation, would I have a tiny sense of "security" living in this community? (I know, so please don't tell me: if you don't feel safe, sell your house and move.)

My question again: What are the reasons (legit or not) that the association should withhold any detail info regarding security/safety incidents from homeowners?

MaryA1 (Arizona)
Posts: 388

Posted:

KW,

This is really an issue that should be discussed with an HOA attorney. He/she will know if there is case law in your state and how security should be treated -- or perhaps avoided -- by the BOD. I know there have been cases in other states and I know HOAs have been held liable for damages to individuals who have been physically harmed because of a lack of security. A number of years ago there was a high profile case in AZ. An individual (a guest) was attending a party at a condo complex. He and 2 other individuals went out to the parking lot to check on their vehicles where they saw gang members hanging out. There was an altercation and this individual was shot in the back. The security guard hired by the HOA had not come on duty yet. The HOA was sued because they knew gang members were using the parking lot for drug deals and should have had more security. The case went all the way to the AZ Supreme Court where the justices upheld the lower courts' ruling that the HOA was liable. The AZ Supreme Court ruled that assn's must maintain common areas to make them reasonably safe and take reasonable steps to prevent danger on the land it controls.

Many HOAs have been found liable and the awards have been quite staggering. A number of years ago a MA firm, Liabilty Consultants,Inc, examined 9 years of lawsuits against HOAs and found the average jury verdict for inadequate security was $3.35 million; the average out of court settlement was $546,000.

Here are some steps assn's can take:

1 do not misrepresent the quality or level of security
2 review state laws and local ordinances and be familiar with required safey measures
3) create a handbook for safety tipe and crime prevention
4) if problems develop implement additional security measures and notify residents that they must take steps to protect themselves
5) do not reduce security without allowing members to vote on it, and notify residents if securiy is reduced
6 obtain adequate insurance for the assn's common areas

SureshD
Posts: 268

Posted:

Unless your HOA is REQUIRED to publish info. or PROVIDES security...

...I would avoid taking on any other responsibilities. Now you become liable.

If you are trying to inform the comm. and have established you are the source for such info. you are responsible for it's content and accuracy.

All the information you need on crime stats. in your state, county, community or street is available from your local law enforcement authorities. Public databases contain information to the status of civil or criminal court actions.

That is how a curious citizen stays informed.

KW3 (California)
Posts: 146

Posted:

Suresh,

Thanks for touching my question with some related answer. First, your reason for not informing or releasing security news stems from in order to legally protect the association (the board) for its liability. I have to admit this is legit, but I feel it's funny that when security/safety is at stake, who is supposed to protect whom? The association (the board) to protect the community (homeowners)? or the other way? Any way, I am not talking about curious citizen or community member, but am concerned about the security/safety issues related to all community homeowners in general. I would have hard time to take that in order to protect the board from being liable, the security/safety information need to be withheld from homeowners. How could the association (the board) function to help improve community security and protect homeowners without providing related information? I think without relaying clear timely information to homeowners, all other security measures implemented could be mostly futile anyway... and so the association could still become liable. I must stress that the ultimate goal ought to be: improve community security (reduce security incidents, stop crimes, decrease property loss, etc.) During the process, there could be side effects, e.g., law enforcement, legal suits. All could be necessary but should not be the reasons to forget or give up from the original purpose.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here