Condo & HOA Negligent Security Attorney Florida: Your Rights As A Crime Victim In A Condo Or HOA

If you or a loved one has been the victim of a crime in a condominium or HOA setting, you may have legal options against the association itself. In Florida, negligent security claims hold property owners—and in the case of shared communities, associations—responsible when they fail to take reasonable steps to protect people from foreseeable harm. If this has happened to you, our Naples, FL condo lawyer understands how scary and frustrating this type of situation is and is available to discuss your situation and options.

Condominium and homeowner’s associations are supposed to create safe communities. Residents pay dues not just for landscaping and amenities, but also for proper lighting, security gates, cameras, and measures that reduce crime risk. Unfortunately, some associations cut corners. When they fail to provide basic security, residents and guests can become victims of serious crimes like assaults, robberies, and parking lot attacks.

This article explains what negligent security means, the most common scenarios in HOAs and condos, when associations can be liable, and why consulting with a condo negligent security attorney in Florida is one of the best ways to protect your rights.

5 Things Your Condo or HOA Won’t Tell You About Negligent Security

Living in a condo or HOA-governed community doesn’t always guarantee peace of mind. This video explains the five key things your association may never disclose about negligent security — what it means, what your rights are, and how to protect yourself when your community fails to act.

What Is Negligent Security?

Negligent security is a type of premises liability claim. It arises when a property owner fails to take reasonable security measures, and as a result, someone is attacked, assaulted, or otherwise harmed by a criminal act on the property.

For example:

• A condo board knows the parking garage gate has been broken for months, but they do nothing. An intruder enters and assaults a resident.
• An HOA ignores repeated reports of poor lighting in common walkways. A resident is robbed in the darkened area.
• Security cameras are installed but left non-functional. A resident is attacked in the elevator, and there is no footage to assist law enforcement.

In these situations, the association’s failure to act creates a dangerous environment that could have been prevented with basic safety measures.

Examples Of Negligent Security In HOAs And Condos

Negligent security cases often involve common areas where residents reasonably expect a level of protection:

• Parking lots and garages: Poor lighting, broken gates, and a lack of patrols make residents vulnerable to robberies or carjackings.
• Building entrances: Unlocked doors, malfunctioning key-card systems, or broken locks allow criminals inside.
• Hallways, stairwells, and elevators: Dark or isolated spaces where attacks often occur if security is ignored.
• Clubhouses and gyms: Facilities open late without cameras or adequate access restrictions.
• Pools and recreation areas: Inadequate fencing or supervision, which can attract trespassers.

When an association collects dues to maintain these spaces but fails to invest in basic safety, it can be held responsible for crimes that occur there.

When Is A Condo Or HOA Liable?

Under Florida law, associations have a duty to maintain common areas in a reasonably safe condition. That duty extends to providing adequate security if criminal acts are foreseeable. Foreseeability is key.

Some common factors courts consider include:

• History of crime: Have similar crimes occurred on or near the property before?
• Resident complaints: Did residents notify the board about safety concerns (lighting, locks, trespassers)?
• Knowledge of vulnerabilities: Did the board or property manager know about broken gates, cameras, or locks?
• Failure to act: How long did the dangerous condition exist before the incident?

If the crime was reasonably foreseeable and the association failed to take action, they may be liable for damages.

How Negligent Security Cases Differ From Slip-And-Fall Claims

At first glance, negligent security cases might look similar to slip-and-fall cases because both involve unsafe conditions in common areas. But there are important differences:

• Type of harm: Slip-and-fall cases involve accidental hazards (wet floors, broken steps). Negligent security cases involve intentional criminal acts.
• Evidence: Negligent security cases often require police reports, crime statistics, and expert testimony on security standards—not just maintenance logs.
• Damages: Crime victim cases frequently involve more severe injuries, including emotional trauma, PTSD, or wrongful death.
• Defendants: In addition to the association, negligent security cases may also involve property managers or third-party security contractors.

Because negligent security cases are often higher stakes, associations and their insurers fight them aggressively. That’s why specialized representation matters.

Damages Available In Negligent Security Claims

Victims of negligent security may be entitled to recover compensation for:

• Medical expenses (emergency care, surgeries, therapy)
• Lost wages or loss of future earning capacity
• Counseling or psychological treatment for trauma
• Pain and suffering
• Wrongful death damages (if the crime resulted in a fatality)

Each case is unique, but because these cases often involve violent crime, damages can be significant.

Why You Need A Condo Negligent Security Attorney In Florida

If you’ve been the victim of a crime at your condo or HOA, pursuing a negligent security case is not something to take on alone. Associations typically have insurance carriers and defense firms that fight these claims hard. They may try to argue:

• The crime was unforeseeable.
• The victim was partially at fault.
• Security failures were not related to the incident.
• The association had no duty to provide more security.

A skilled attorney can cut through these defenses by gathering evidence, consulting security experts, and showing how the association’s negligence created the conditions for the crime.

Perez Mayoral, P.A.: Protecting Victims Of Negligent Security At HOAs And Condos

Choosing the right attorney after being the victim of a crime in your condominium or HOA community is critical. At Perez Mayoral, P.A., we bring a combination of skills and focus that very few law firms in Florida can match:

Exclusive focus on homeowners and residents. We only represent homeowners and condo residents against their associations. We do not represent HOAs or COAs, so there is never a conflict of interest.

Deep experience in HOA and condo law. Our attorneys understand the unique duties and responsibilities associations have, and how boards and managers often try to avoid them.

Specific experience in negligent security cases at HOAs and condos. We are not just personal injury lawyers. We have handled negligent security claims in the HOA and condo association setting, where the law, evidence, and defenses are unique.

Former insurance defense attorneys. Our shareholder founders previously represented insurance companies that were called to handle claims—including negligent security cases—brought against HOAs and condo associations. To be clear, now we never represent insurance companies or associations. But we know how they think, how they fight these cases, and how to overcome their tactics to maximize recovery for our clients.

This blend of HOA/condo law knowledge, negligent security case experience, and insider perspective from the insurance defense world makes Perez Mayoral, P.A. uniquely qualified to handle negligent security cases for condo and HOA residents.

Take Action If You’ve Been A Victim of Crime At Your Condo Or HOA

You should never have to suffer the consequences of your association’s negligence. If you’ve been assaulted, robbed, or harmed on condo or HOA property, it’s important to act quickly. Reporting the incident, preserving evidence, and consulting with a lawyer can make all the difference in your case.

Contact Perez Mayoral, P.A.. today to speak with an experienced condo negligent security attorney in Florida. We will review your case, explain your options, and fight to hold your association accountable.

The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship between you and Perez Mayoral, P.A. Laws and regulations frequently change, and their application can vary based on specific facts and circumstances. You should consult a qualified attorney for advice regarding your individual situation before taking or refraining from any action based on the information contained herein.