A Look at Security Risks & What Associations Can Do To Limit Liability
Tackling Theft By Allison Andersen, sE q. & Philip aW lquist, sE q.
Under California law, an association has a duty to exercise due care for the safety of its residents in areas under association control. Generally, an association is not liable for crimes of third parties unless the association is under notice of a safety concern or potential for crime.
Many associations struggle with security on a regular basis. Boards and managers wonder – to what extent are we responsible for the security of our association and our members?
Courts have found that where an association was under notice of a potential for crime (e.g., the association knows of increasing crime in the surrounding area and knows a particular area of the association is vulnerable to this crime), it can be held liable for failure to protect against those types of crimes. A key factor is foreseeability (Frances T. v. Vill. Green Owners Assn. (1986) 42 Cal. 3d 490, 499-501.) Boards of directors cannot be expected to foresee every possible security risk to an association; however, if an association is on notice of the probability for crime, it may have a duty to take action. With that in mind, what should an association do if it is facing potential crime? Let’s take a look at some common security risks that are plaguing associations today.
INCREASE IN PETTY THEFT Associations throughout the state are reporting an increase in petty theft crimes. Some theories for this
10 The Law Journal Summer 2022 | cacm.org
include job loss due to the pandemic, or increased housing costs. Generally, this type of crime is a crime of opportunity. For example, a perpetrator may sneak into a parking garage or onto community grounds and choose its targets by looking at windows and checking for unlocked door handles. These perpetrators are generally not picking locks, breaking windows, nor drawing a lot of attention to themselves. Instead, they are merely checking for the easiest target.
HOMELESSNESS/TRANSIENTS Sadly, there has been a drastic increase in homelessness across the state, and in many counties, law enforcement has limited their actions related to homelessness. This can leave associations frustrated. Not only is it often unsightly to have transients squatting near the association, but it also increases fear and can increase the likelihood of a crime occurring in the area. There have been instances of homeless individuals rummaging through dumpsters, using common
