Alarms, Security Systems

Should HOAs Play Cop? - 2001-05-23

Because of the rule enforcement authority of homeowner associations, there can be an inclination by some Boards of Directors to broaden that power into the area of security. Some associations have hired security guards and installed surveillance cameras. While reasonable security measures should be followed, the Board should be very careful when adopting extraordinary ones.

Boards are sometimes caught in a Catch 22 trap when it comes to security. For instance:

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1881 - Homeowner associations with rules prohibiting flag flying should adopt a six-month moratorium against enforcing such rules, especially now with patriotic homeowners who want to display the American flag. Homeowner associations including common interest developments (CIDs), planned unit developments (PUDs), tenants-in-common (TICs), cooperatives and others typically comprised of condos, townhomes and similar owner-occupied, high-density housing, sometimes have and enforce flag flying rules. The flag-flying prohibition is often aimed at decorative, oversized or flags that pose a safety threat. The rules also are among others designed to maintain a certain level of uniformity throughout a complex. Uniformity rules are designed to help hold or add value to homes in home owner association-governed housing developments. However, some hard-line homeowner associations use draconian interpretations of flag flying rules to prevent home owners from flying the U.S. flag and the Alexandria, VA Community Associations Institute says such an interpretation is counter-productive to the current need to express patriotism. After the September 11, 2001 terrorists attacks, the U.S. Congress passed a resolution encouraging Americans to fly the U.S. Read this Nemmar Real Estate Training article at Condominiums, Townhouses, Cooperatives, HOAs

 

Scenario #1: A Board fails to inform residents about a violent resident who subsequently injures another resident and the Board is held responsible.

Scenario #2: A Board informs 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?

Installing video surveillance cameras is a very expensive and uncertain method for controlling crime. Security is more perception than reality. Many surveillance cameras with blinking red lights are nothing more than fake cameras with blinking red lights.

Using the same theory, inexpensive printed signs that read "24 Hour Surveillance" can be just as effective as fake cameras (assuming that the bad guys can read).

Paying the cost of ongoing security like guards and cameras should also be carefully considered. They are often reactive measures to a break-in, assault or other security problem. Once the hysteria passes, the homeowners' desire to fund the ongoing costs is rarely there.

One of the biggest liabilities of increased security is altering the expectations of residents. If the association gives residents the impression that the community is safe, they may fail to take reasonable personal precautions. If something bad happens (and eventually it will), the resident can point to a failure in the association's security program. and go to the "deep pocket" for damages.

The association's proper security role is to form a Neighborhood Watch Committee with assistance of local law enforcement and to provide all residents information about self-help programs.

Police will also offer recommendations to improve security like altering landscaping, improving lighting, locks, fencing and access. They can also attend a homeowner meeting to discuss security issues and solutions.

The association is rarely prepared to deal with real crime effectively. Even if the pros are less than perfect, they are trained and paid to do the job. While there are prudent measures the Board should take to improve the security environment, leave playing cop to the cops.

For more information on this subject, see Regenesis.net.

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