Common Negligent Security Issues In HOAs And Condo Associations

Living in a condominium or HOA community is supposed to come with peace of mind. Owners pay assessments to cover maintenance of gates, cameras, lighting, and other protections that make shared living safe. Unfortunately, many boards and property managers fail to meet even the most basic security obligations. When this happens, it may be time to enlist the help of a Boca Raton, FL HOA lawyer.

At Perez Mayoral, P.A., we represent homeowners and condominium residents—not associations. When crime occurs in communities because boards cut corners on safety, residents are the ones who pay the price in injuries, trauma, and even financial losses through higher assessments or insurance hikes.

Our firm has deep experience handling negligent security claims against HOAs and condominium associations, and we offer free consultations in cases where residents are harmed due to unsafe conditions.

When condominium associations and HOA associations ignore obvious safety risks, residents may face preventable dangers. Below are some of the most common negligent security issues we see in Florida communities.

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Negligent Security in Your HOA: 5 Things Every Homeowner Should Know

Life in a managed community doesn’t guarantee safety. This video breaks down five critical things your HOA or condo board might overlook when it comes to negligent security — and what you can do if their inaction puts residents at risk.

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Malfunctioning Or Broken Gates

One of the most frequent negligent security issues involves gates that don’t work properly. Associations often tout gated entry as a selling point, but if gates are broken, stuck open, or easy to bypass, they provide little real protection.

• Why it matters: An unsecured gate allows anyone to drive or walk onto the property without oversight. Trespassers, burglars, or violent offenders can enter freely.
• Example: A car gate left permanently open while waiting for repair, or a pedestrian gate that residents prop open because it doesn’t lock properly.

Florida courts have long recognized that if crime is foreseeable in the area, failing to maintain a gate can form the basis of a negligent security claim.

Unlocked Or Unsecured Common Areas

Associations are responsible for securing common areas like pools, gyms, laundry rooms, stairwells, and garages. Yet it’s common for these spaces to be left unlocked or accessible to anyone who walks by.

• Why it matters: Unsecured areas can become hotspots for trespassers or criminals. Stairwells and garages, in particular, are often poorly lit and provide opportunities for assaults or theft.
• Example: A pool fence with a broken lock, or a laundry room door that no longer requires a key or fob to enter.

HOAs and condos that allow these lapses are exposing residents to foreseeable danger.

Lack Of Working Security Cameras

Security cameras are one of the simplest and most effective deterrents, but in many communities:

• Cameras are never installed.
• Existing cameras no longer work.
• Footage is not recorded or retrievable.
• No one monitors the feeds in real time.
• Why it matters: Cameras help deter crime, aid police investigations, and—under Florida’s new HB 837 law—give associations a presumption against liability in negligent security cases if installed and maintained properly.
• Example: After a car break-in, residents request footage only to learn that the cameras have been broken for months.

Associations that install cameras but fail to maintain them may be even more vulnerable, since residents relied on a false sense of security.

Poor Lighting In Parking Lots And Walkways

Lighting is another critical issue. Dark garages, stairwells, and pathways create opportunities for theft, assault, and vandalism.

• Why it matters: Criminal activity thrives in unlit areas. Good lighting deters crime and improves residents’ sense of safety.
• Example: An HOA reduces electricity costs by turning off garage lights overnight, despite prior reports of car break-ins.
• Florida’s HB 837 specifically lists lighted parking lots and walkways as security measures that can protect associations from liability—yet many boards fail to comply.
• Failure To Warn Residents About Crime
• Associations sometimes learn of recent crimes—like car break-ins, trespassers, or assaults—but fail to alert residents. Instead, boards may fear “bad publicity” or property value impacts.
• Why it matters: Residents cannot protect themselves from risks they don’t know exist. By failing to issue warnings, boards deny homeowners the chance to take precautions.
• Example: An assault occurs in the condo garage, but the association never sends a notice to residents. Weeks later, another attack occurs under similar circumstances.

Courts may view such silence as negligent, particularly if the association had knowledge of repeated incidents.

Poorly Enforced Access Control

Luxury condos and HOAs often require fob or key card access for elevators, gyms, or stairwells. But if access systems are outdated, mismanaged, or easily bypassed, they may provide little security.

• Why it matters: Criminals can follow residents through doors (“tailgating” or “piggybacking”), or use stairwells if they are not secured.
• Example: A high-rise building allows unrestricted stairwell use between floors, enabling intruders to roam freely despite having lobby fob controls.

The Icon Brickell stabbing case illustrates this risk. The attacker reportedly moved between floors using an unsecured stairwell, checking door handles until he found an unlocked unit. Proper stairwell security could have blocked his movements and potentially saved a life.

Ignoring Resident Complaints About Security

Residents often submit complaints about security issues—broken locks, dark areas, trespassers—but boards and managers ignore them or delay repairs for months.

• Why it matters: Written complaints create a record of foreseeability. If an association ignores repeated warnings and someone is harmed, liability is far more likely.
• Example: Residents submit multiple requests to fix a broken pedestrian gate, but the association delays for budget reasons. A trespasser later enters and commits a crime.

Failing to act on known dangers is one of the strongest bases for a negligent security claim.

Why These Issues Matter

Negligent security cases are about more than just recovering damages. They’re about forcing associations to take safety seriously. Ignoring basic protections like gates, lighting, and cameras is short-sighted and dangerous.

When crime occurs, the fallout is devastating:

• Residents are harmed or killed.
• Police investigations expose security failures.
• Lawsuits lead to costly judgments and settlements.
• Insurance premiums rise.
• Boards levy special assessments, forcing owners to pay for their negligence.

Proactive security is always cheaper—and safer—than paying the price of neglect.

Take Action With Perez Mayoral, P.A.

If you or your family have been harmed due to negligent security in a condominium association or HOA association, you may have legal rights. Associations have a duty to secure common areas, maintain safety systems, and warn residents of known risks.

At Perez Mayoral, P.A., we handle these cases for residents across Florida and offer free consultations in injury cases. Our team understands both HOA/condo law and negligent security litigation, making us uniquely qualified to fight for homeowners and residents. Call or contact us online today to schedule your free consultation.