Duty to provide security

An 11th Circuit Court ruling in 2006 might be affected by the wording in your Bylaws. The court found that a homeowner could not claim negligence on the part of the HOA for failing to protect his home from a robbery. The decision appears to be based on wording in the association bylaws.

The conclusion to be drawn was that the governing documents should provide disclaimers of any duty by the HOA to provide security to homeowners.

We are a gated community with 'security guards' at the gate. We have never indicated that the guards secure the community. But, we don't have any disclaimer saying we don't provide security.

Have you any wording in your governing documents (that you could share)pertaining to providing or not providing security?

PeterB1 - Gated community here with 24/7 security guards. Have had several break-ins, none documented to be a breach from the front gate. Instead the culprits were gaining access to our private property from wooded areas towards the back end. We don't have perimeter fencing. Liability is not with our association or association board because there's no way to prevent a breach from these areas and everyone purchased either knowing, or with an opportunity to know the layout of the development. If the breach was from a breakdown in the front gate security system, fault would have to be reviewed. If it turns out there was a fault of the guards or the front system, I'd imagine the owner (if he she had proof of fault) would sue the association and or the security company the association contracts. I don't see how the association board could be held liable for something they were not previously aware of. Unless of course some potential for a breach of security or flaw was brought to their attention and they knowingly failed to do something about it. If the amenity of a gate or security is not provided by the association than there's no reason to have wording in the gov. docs. that pertain to it.