Condominium boards have a responsibility to protect their residents, property, and the association’s financial stability. While boards are not law enforcement, they do have a duty to take reasonable steps to prevent crime in common areas under their control. Guidance from the Florida Department of Law Enforcement emphasizes that visible security measures such as controlled access points, functioning locks, surveillance cameras, and adequate lighting can deter criminal activity. Criminals often target properties that appear poorly maintained, unsecured, or unmonitored, increasing the risk to residents and the association.
Failure to take reasonable precautions can expose the condominium association to legal liability under what is commonly referred to as a “negligent security” claim. In Florida, if a resident, guest, or vendor is injured as a result of a crime in a common area, the association could face lawsuits alleging that it failed to maintain the property in a reasonably safe condition. Courts often evaluate whether the association knew or should have known about security risks and whether reasonable steps were taken to address them. These claims can result in significant financial consequences, including legal defense costs, insurance claims, increased insurance premiums, and potential settlements or judgments, all of which can directly impact the association’s budget and may lead to special assessments for unit owners.
Condo boards can reduce both crime and liability risk by taking proactive and consistent measures. This includes regularly inspecting and maintaining access control systems, ensuring lighting is adequate in parking areas and walkways, repairing broken locks or gates promptly, and documenting security decisions in board meeting minutes. Boards should also encourage residents to report suspicious activity and coordinate with local law enforcement when appropriate. By demonstrating that the association takes reasonable steps to provide a safe environment, boards not only help protect residents but also reduce their exposure to costly legal claims and fulfill their fiduciary duty to act in the best interests of the community.