On Thursday, June 20, 2013, members of Titan participated in the Association of Condominium, Townhomes, and Homeowners Associations (ACTHA)’s webinar: Safety and Security Basics: What Property Manager and Board Members Should Know.   The webinar was presented by Lara A. Anderson from Fullett Rosenlund Anderson PC.

The first section of the webinar provided information on community associations’ responsibility to protect residents against criminal acts.  Key points of this section included:

• There are no laws that enforce an association to protect residents from criminal acts of a third party.
• An association can be held liable for a third party crime if the crime is foreseeable and the association does not take proper actions to prevent it.
• To avoid liability:
  • Do not voluntarily undertake security measures
  • Hire a professional security firm to perform security services
  • Clearly communicate that the purpose of the security measures is to protect the Association’s property and not the safety of the residents
  • All procedures should be written and enforced
  • Conduct audits/checks to ensure that the written procedures are being followed
• If an association is aware of a situation that may cause a criminal act they must either correct the situation or alert residents in writing of the situation
• For any neighbor-to-neighbor disputes:
  • Know the associations duties imposed by the governing documents
  • Do not ignore neighbor-to-neighbor complaints
  • Investigate complaints and hold hearings when necessary
  • Take appropriate action if a resident does violate part of the governing documents
  • Report any threats to board members to appropriate law enforcement

The second section of the webinar was related to various security measures associations may employ including neighborhood watch groups, surveillance cameras, and other security measures.  Below are key points on security measures:

• Neighborhood Watch Groups
  • Generally associations should not be involved with forming a neighborhood watch group — if an association does organize, support, or endorse a neighborhood watch group, they must actively monitor that they are following all rules
  • Groups should call the local police department for assistance and training
  • Groups should establish written rules and procedures
  • Groups should work in pairs and wear clothing, badge, etc that identifies the watch group personnel
  • Groups should keep logs of activity and communicate with residents
  • Groups should remove any volunteers that do not follow the rules and procedures
• Surveillance Cameras
  • Generally it is legal to install cameras in all areas except those where residents may have a reasonable expectation of privacy
  • Studies show that surveillance cameras help deter low-level crimes, help prosecute individuals caught in the act of committing crime, and enforce violations of association rules
  • To avoid any liability:
    • Establish a maintenance schedule to ensure cameras are always operable
    • Do not install cameras where there is an expectation of privacy
    • Clarify that the purpose of cameras is to protect the property and not the security of residents
  • Dummy cameras
    • Can result in liability if someone relies on these cameras for protection
    • Associations should not install dummy cameras
    • If association does install dummy cameras, they must notify residents that they are not real
    • Ensure with insurance broker that the association has coverage to protect from any claims that result from the use of dummy cameras
• Other Security Measures
  • Consult Security Service providers for a security survey and/or security staff services

For the full slides please click here.  If you have any questions and/or comments regarding safety and security in your residential association please feel free to contact a Titan representative.