Florida HOA Lawyer Blog
Florida community associations, just as with all other property owners in the state, can be held liable for crimes committed on their properties. Associations and other property owners owe a duty to their residents and guests to undergo reasonable steps to protect against foreseeable crimes.
There have been cases over the years of Florida associations being sued by the victims of crimes that took place in their community for allegedly failing to implement adequate security measures. Some of these suits, especially those involving severe injuries, have been resolved in considerable rulings or settlements in favor of the victims. These awards, combined with the litigation costs and the possibility of increased insurance premiums, can be financially disastrous for many associations.
Exactly what is considered reasonable security is the key question before the courts in these negligence claims. Other considerations include whether the crime that took place was foreseeable. For instance, in a gated high-end community, residents and guests may expect a greater level of security, so some might argue that such community is to take measures at a higher standard.