Do HOAs Have A Duty To Protect Homeowners From Crime?

At Perez Mayoral, P.A., we represent homeowners and condominium residents throughout Florida in disputes with their associations. One of the most serious issues we see is negligent security—when an HOA or condominium association fails to provide reasonable protection against crime. So where, exactly, does an HOA’s duty to protect homeowners from crime come from? Florida law recognizes several situations where that duty arises. If you feel like your right to safety has been violated by your HOA, our Orlando, FL HOA lawyer is here to help.

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5 Key Lessons on HOA Negligent Security Every Florida Homeowner Should Know

Not all associations take security as seriously as they should. In this video, we explore five important truths about negligent security — what it is, why it matters, and how to respond when your HOA fails to keep the community safe.

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Duty Based On Foreseeability Of Crime

Under Florida premises liability principles, a duty to protect residents from criminal activity exists when an HOA or condo association has actual or constructive knowledge of prior similar crimes that make future criminal acts reasonably foreseeable.

• Czerwinski v. Sunrise Point Condominium, 540 So. 2d 199 – An association may be liable if it fails to address security risks after prior crimes occur.
• Bryan v. Galley Maid Marine Prods., 287 So. 3d 1281 – Courts analyze foreseeability when deciding whether a duty exists.
• Foster v. Po Folks, Inc., 674 So. 2d 843 – Reinforced that foreseeability of harm is a critical factor in establishing duty.

In practice, this means that if residents report repeated break-ins, assaults, or trespassing, the association has a legal duty to take reasonable security measures in response.

Duty Based On Voluntary Assumption Of Security

An HOA or condominium association may also create a duty by voluntarily providing security services, even in the absence of prior crime. When an association undertakes to provide security, it must exercise reasonable care in doing so.

• Vazquez v. Lago Grande Homeowners Ass’n, 900 So. 2d 587 – The HOA and its security company assumed a duty to protect residents once they undertook security patrols, regardless of crime history.
• L.K. v. Water’s Edge Ass’n, 532 So. 2d 1097 – An association that provides security assumes the obligation to do so adequately and may be liable if it fails.

Examples include:

• Hiring a security company.
• Advertising the community as “gated” or “secure.”
• Installing cameras, fob systems, or patrols.

Once these measures are offered, the association has a duty to ensure they are functional, maintained, and reasonably effective.

Duty Created By Governing Documents

Association declarations, covenants, and bylaws may impose security obligations. For example:

• A declaration requiring the association to maintain gates, locks, or common-area lighting.
• Covenants promising residents a “secured” community.
• Board-adopted rules requiring security patrols or access systems.

Failure to comply with these provisions may give homeowners a direct basis for a negligent security or breach of duty claim.

Duty Under Statutory Presumptions

Florida’s 2023 HB 837 added Fla. Stat. § 768.0706, which directly affects negligent security lawsuits.

The statute establishes that multifamily residential properties (including condominiums) that substantially implement certain security measures gain a presumption against liability.

These measures include:

• Cameras at entry and exit points.
• Lighting in parking lots, walkways, and common areas.
• Secure locks and deadbolts on unit doors.
• Locked pool gates and controlled amenities.
• Peepholes on doors without windows.

While this creates a defense for associations, it also establishes a baseline expectation: associations that fail to adopt these protections remain vulnerable to negligent security claims.

Real-World Example: Icon Brickell

In June 2024, a 17-year-old was killed inside the Icon Brickell condominium in Miami after an intruder reportedly gained entry by following others into the building and then moved between floors using unsecured stairwells. The attacker eventually entered an unlocked unit, where the stabbing occurred.

The victim’s parents filed a wrongful death and negligent security lawsuit, claiming the building’s owners and managers failed to enforce basic access controls. This case highlights how associations may be held liable when they:

• Fail to secure stairwells or elevators
• Allow tailgating or piggybacking into resident areas
• Install cameras but do not actively monitor or maintain them.

Summary: Where HOAs And Condos Have A Duty

In Florida, an HOA or condo association has a duty to protect residents from crime when:

1. Crime Is Foreseeable – The association knows or should know about prior similar crimes, making future harm reasonably predictable.
2. Security Is Voluntarily Undertaken – The association hires security, installs cameras, or advertises the community as secure, creating a duty to act with reasonable care.
3. Governing Documents Require It – Covenants, declarations, or bylaws obligate the association to provide specific security protections.
4. Statutory Baselines Apply – Failure to meet HB 837’s security measures leaves the association exposed to liability.

Contact Perez Mayoral, P.A.

If your HOA or condominium association has failed to provide reasonable security—and you or your family has been harmed—you may have a legal claim. At Perez Mayoral, P.A., we combine knowledge of Florida HOA/condo law with experience handling negligent security cases. We know how associations try to avoid responsibility, and we know how to hold them accountable. We offer free consultations in injury cases involving negligent security. Contact us today to speak with an experienced Florida negligent security attorney.