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GenoS (Florida)
Posts: 4,276
Posted:
We've got a couple of homes where there's illicit activity going on. We know this because a couple of homeowners have been in contact with local law enforcement about the problem. These renters, however, are not violating any of our covenants or rules, so the HOA can't really take action against the owner/landlords. The HOA has stayed out of it and the owners who are in touch with local LE do so in their role as concerned homeowner citizens.

Now we've got a new board and a president who absolutely has to know everything and be in everybody's business. She has proposed a "Security Committee" whose members will be appointed by her and whose activities will not be shared with all homeowners. She was told last year to "stay our of it" when she was pressuring one of the knowledgable homeowners to fill her in on what was going on, so the purpose of this committee is clear. At least it will be tomorrow night when the board is scheduled to vote on it. She intends to insert herself, and maybe another couple of people, as the "Official HOA Liason to the Sheriff's Department" in the matter of the unsavory tenants living in the community. That way she'll know what's going on and can pester the sheriff to "do something" about it.

This is a bad idea, right?
TimB4 (Tennessee)
Posts: 21,059
Posted:
The Association is not the police.

Security Committee, neighborhood watch, etc. should not involve the Association. Think otherwise, remember it cost the HOA $1 million in the Trayvon Martin case just because they advertised the neighborhood watch in their newsletter.

The police are trained to handle these situations.
Most likely, those on the committee are not.

see:

What Should HOAs Learn from the Trayvon Martin Tragedy?

HOA’s Settlement with Trayvon Martin Family Illustrates Liability Issues Involving Neighborhood Watch Programs

Make Your HOA a Safer Place: Security Assessments and Solutions from echo

Safety and Security Committee Charter from an HOA

Security Concerns Are Understandable but a Community Association’s Obligations Are Limited

HOA Liability for Third Party Criminal Acts
SheliaH (Indiana)
Posts: 6,964
Posted:
Yup. Y'll need to get control of this president -she cannot set up any advisory committee by herself. If however, she wants to set up a neighborhood watch, she needs to do it right. agree with Tim this shouldn't be sponsored directly by the HOA because of liability issues - have her call the police department and talk to whoever helps communities set up a neighborhood watch. The rest of the board should remind her of that in no uncertain terms and if she will not listen, they need to consider appointing another president.

She might also want to be reminded of what neighborhood watches are for - it's not about "spying on people" but to encourage folks to look out for each other and their property, knowing signs of crime, making sure people are in the know as to what's trending, etc. You don't necessarily need a formal committee for that - encourage encourage everyone to keep an eye on their property and each other - when you see suspicious activities, you can call the non-emergency number of the police department (if there's a crime in progress, call 911, but you already know that).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GenoS (Florida)
Posts: 4,276
Posted:
Thanks, Tim and Shelia. Unfortunately we've already got a Neighborhood Watch committee that reports to the board. I can convince no one that it would be better to cut it loose and let it do its own thing. Mainly, they just tell people to be on the lookout for suspicious activity and to call the cops if need be. There are no patrols or organized activities other than having a rep from the sheriff's dept. come in once a year to talk to the homeowners. In 4 years the largest number of homeowners that have attended one of those presentations is, I believe, 5.

I'm more concerned about the secretive nature of this proposed committee. I don't see how legally or ethically they could have a board-appointed committee that keeps the nature and details of its work hidden from the homeowners. They just don't seem to grasp that there are limits on what the association can do.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GenoS on 02/26/2018 3:19 PM
I don't see how legally or ethically they could have a board-appointed committee that keeps the nature and details of its work hidden from the homeowners.

A Committee has to be established by the Board.
The Board creates a resolution or charter to outline the purpose and duties of the committee.
The Board appoints those to serve on the committee.
State Statute requires that the committee meetings be published to the membership.
State Statutes requires that the committee meetings be open to the membership
State Statutes requires that minutes of the committee be kept and made available to the membership for inspection (if requested).

Time to point out the proper way to do things and, if the President doesn't want to do it that way, time to make a motion to remove that individual from that position and have yourself appointed as President.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You should remind them of the HUGE liability they are putting the HOA in. Travyon case isn't that far from memory or reality of what happens to an HOA when they cross lines into criminal enforcement. I'd also ask them to read the documents on what enforcements a HOA has. Quote them and get back to me with an answer... Drop the mic...

Keep in mind the renters may not be able to be evicted by the owner as well. The HOA can't do it. They are not party to the lease agreement. The owner most likely did not put into the lease to obey the HOA rules. (It's NOT in a standard lease agreement). Even if the renters do not pay rent, can they be evicted immediately. There are "Tenant's rights".

I'd highly recommend finding out what the laws are about illicit activities consequences. My brother lived in the next town over. He was renting one side of a duplex. His neighbor was dealing drugs and got busted. That City has a law that they can condemn property that one has been found to have sold drugs. His apartment was condemned because it was all one building. The owner may need to know what consequences can happen to their property OUTSIDE of what the HOA can do. It may get them to start paying attention to their property more.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Your current neighborhood watch is doing exactly what most neighborhood watches are supposed to do (this is how it works in our city).

You may want to check with the police department's neighborhood watch coordinator and possibly your association attorney, but I don't see how merely informing people of possible criminal activity would put the HOA at risk. People can choose what they want to do with the information - pay attention or not. If something happens (as life often does, regardless of what you're told or what you do), I would think they'd be hard pressed to blame the HOA.

I understand your concern about homeowners not know who's on the committee or what it's doing, and that's why I have to wonder what's wrong with the rest of your board. If you're on it, it falls to you to speak up and say something - at least one board member should demonstrate he/she uses his head for more than a hat rack. If you're not on the board, go to the meeting and say something during the open forum or write a strongly worded letter to the board. Sometimes, all it takes is one person to jump start the brain cells of everyone else...

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
How'd this turn out last night, Geno??
ND (PA)
Posts: 792
Posted:
Quote:
Posted By GenoS on 02/26/2018 3:19 PM
Unfortunately we've already got a Neighborhood Watch committee that reports to the board. I can convince no one that it would be better to cut it loose and let it do its own thing. Mainly, they just tell people to be on the lookout for suspicious activity and to call the cops if need be. There are no patrols or organized activities other than having a rep from the sheriff's dept. come in once a year to talk to the homeowners. In 4 years the largest number of homeowners that have attended one of those presentations is, I believe, 5.

This alone is concerning enough let alone whatever this new committee is to be doing in secret. You have an HOA/Board-endorsed "Neighborhood Watch Committee". All it takes is one wrong move from anyone on this committee to create significant issues for your Board and HOA at large. Take a look at the articles Tim posted and ask if the increase in risk and liability is worth it. Good luck.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By KerryL1 on 02/27/2018 8:46 AM
How'd this turn out last night, Geno??

Sorry, it's tonight. I'll post later after I get home and calm down. There's more Tom Foolery on the agenda than just this.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By ND on 02/27/2018 11:05 AM
This alone is concerning enough let alone whatever this new committee is to be doing in secret. You have an HOA/Board-endorsed "Neighborhood Watch Committee". All it takes is one wrong move from anyone on this committee to create significant issues for your Board and HOA at large. Take a look at the articles Tim posted and ask if the increase in risk and liability is worth it. Good luck.

Thanks. No one on the committee is under 75 years old so the chances are low, I think, that any of them will do something really stupid. But it's still a concern.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By KerryL1 on 02/27/2018 8:46 AM
How'd this turn out last night, Geno??

Whew, 2.5 hours later... it turns out I didn't even have to register my objections. Homeowners in attendance spoke up and every single one of them voiced their opinion that a Security Committee was a bad idea. "This is not a military base!" "Let the police do their jobs if there's a problem!" "A committee that's going to make confidential reports only to the HOA president?"

The best remarks came from a homeowner who owns a storage-unit facility in town. He said in his business there are 2 words you never want to have in the name of your company or facility: Security and Safety. Neither a storage facility nor an HOA is in the business of providing security and to hold yourself out as doing otherwise is an invitation for future lawsuits.

The motion to create a Safety Committee went down to defeat 4-1.
KerryL1 (California)
Posts: 14,550
Posted:
Great, Geno! I though ND's remarks made a lot of sense.

I also agree with your Owner who says we never should use the words "safety" or "security" as names of anything in our HOAs. Our Mgmt. co. has told our board that and we do call our officers by a different name that downs' include either of those words.

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