Question: Have the courts reached a consensus regarding association responsibility for implementing security measures when a known violent resident exists? We're considering surveillance cameras and I was wondering about the pros and cons.

Answer: The Board is in a Catch 22 (no win situation) when it comes to security: Fail to inform other residents about a violent resident who subsequently injures someone and the Board is held responsible. Inform residents of a violent resident who subsequently files suit against the association for defamation of character and, guess what?...the Board is held responsible.

In the case of security cameras, there are several traps:

1. Who is going to service the cameras to make sure they are functioning properly?
2. Who is going to monitor the cameras and sound the alert if something improper is occurring?
3. How many cameras and where are they needed?
4. Do security cameras actually stop criminal activity?
5. Is the association responsible for law enforcement?

Installing video surveillance cameras is a very expensive and uncertain method for controlling crime. Security is more perception than reality. Many of the surveillance cameras you see with the blinking red lights are just that...fake cameras with blinking red lights. Using the same theory, inexpensive printed signs that read "24 Hour Surveillance" can be just as effective as cameras (assuming that the bad guys can read).

Paying the cost of major security like guards and cameras should be carefully considered. These measures are often a reactive measure after the fact. Once the hysteria passes, the homeowners' desire to fund the ongoing costs is rarely there.

Most security problems should be handled by local law enforcement. The association is rarely prepared to deal with real crime in an effective way. Defer to the pros. Even if they are less than perfect, they are trained and paid to do the job. On the proactive side, the association can and should form a security committee and all residents should be given information about Neighborhood Watch and other self help security programs.

The Board can also have local law enforcement attend a board meeting to discuss the issues and solutions. This is particularly important since it will be recorded in the minutes that law enforcement was formally put on notice of problems. Obviously, if law enforcement suggests corrective measures the association can and should take to increase security (like better lighting, fencing, reducing landscape cover, etc.), the Board needs to act.  In the final analysis, the association should leave playing cop to the cops. (For more on Security, go to http://www.regenesis.net)  

Published: May 3, 2000

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .