Despite what many individuals believe, associations are not obligated by Colorado law to provide security services or guaranty safety of their residents, guests, or invitees. Associations are not the police and do not have police powers to deal with unlawful and criminal activities in their communities. Regardless, this does not stop owners and residents from insisting associations act as such.
Have you ever received a call from an owner complaining about illegal drug activity in a neighboring unit? Has your community received complaints from residents demanding you do something about their downstairs neighbor who is a bully and threatening them? In these, and many other examples, associations are receiving this information because the complainants are expecting the associations to do something about the alleged activities.
So, what do you do when you receive complaints like the ones described above? Below are the steps you should take when receiving such complaints:
- Assuming the complained-about activity is actually occurring, does such activity constitute a violation of the association’s governing documents or rules? In order to make this determination, the governing documents must be reviewed, and the association’s attorney should be consulted.
- If the activity constitutes a violation, in most cases, the association should follow its enforcement policy and take the appropriate steps as set forth therein. However, it is always a good idea to consult with the association’s attorney before commencing enforcement of these types of complaints.
- If the activity does not constitute a violation, an association will not likely be able to address the complained-about behavior. Again, consult legal counsel if unsure.
Notwithstanding the above, if an association voluntarily starts providing any sort of security measures or safety services, it must do so in a proper manner or risk exposure to liability. For example, an association that retains “security guards” or installs “security cameras” may unknowingly expose itself to liability if such security measures fail to protect residents or their guests.
To avoid exposing the association and directors, to liability, keep the following in mind:
- Do not use the words “safety”, “security”, “protection”, and the like when communicating with owners in writing or verbally.
- Do not make assurances or representations as to the community being safe or secure.
- If installing cameras, refer to them as “surveillance” cameras and make it very clear they are for recording purposes only with no live monitor. This means adopting a camera policy and installing signage by every camera to this affect. This will protect the association from owners reasonably relying on the cameras for their security.
- If you are not sure about a request or complaint from an owner concerning possible safety issues or criminal activity, consult with legal counsel before responding or taking any steps to address the complaint.
- Consult with the association’s insurance representative to ensure the association is carrying adequate insurance (general liability and directors & officers) to cover claims alleging a failure by the association to protect residents.
- Be careful about denying owners’ architectural requests to add lighting or to install safety bars on windows. If your community is located in a higher-crime area, there may be a liability exposure to the association if it denies an owner’s request to add safety measures and then such individual becomes a victim of a crime.
For more information concerning safety in communities and the association’s role concerning same, please contact an Altitude attorney at 303.432.9999 or at [email protected].