Steps To Take If You’re A Victim Of Negligent Security In A Condominium Or HOA
POSTED ON October 4, 2025
At Perez Mayoral, P.A., we represent homeowners and condominium residents—not associations. One of the most serious claims our Orlando, FL HOA lawyer handles is negligent security—when an HOA or condo association fails to provide basic protections and residents are harmed by crime as a result.
If you’ve been the victim of a crime in your community and believe negligent security was a factor, you may feel overwhelmed and unsure of what to do next. The truth is, there are several critical steps you need to take immediately to protect both your safety and your legal rights.
What Your HOA or Condo Board Isn’t Telling You About Negligent Security
Condo and HOA residents often assume their community is secure, but that’s not always the case. Watch this video to learn the five essential truths your association may never admit — and how to safeguard your rights when security measures fall short.
Step 1: Report The Crime To The Police
First and foremost: call the police.
If a crime has occurred, it must be reported. The police are the best resource to investigate, respond to immediate danger, and provide support. They can:
- Take your statement and document the incident in an official report.
- Preserve evidence from the scene.
- Advise you on safety precautions and resources for crime victims.
- Connect you with local victim advocacy programs.
Even if the incident feels “minor,” reporting it ensures there is an official record—something that can be invaluable later if you bring a negligent security claim against your HOA or condominium association.
Step 2: Seek Medical Care If You’ve Been Injured
If you were injured, get medical attention immediately. This step is not about building a legal case—it’s about protecting your health.
- Some injuries may not show symptoms right away but can become serious if untreated.
- A doctor can determine the full scope of your injuries and recommend follow-up care.
- Medical records will also serve as important documentation if you later decide to pursue a claim.
Whether you go to the emergency room, an urgent care center, or follow up with your physician, do not delay in getting checked out. Your health and recovery must come first.
Step 3: Contact An Attorney Right Away
Once you’ve reported the crime and addressed your medical needs, the next step is to contact an attorney who handles negligent security cases in the HOA and condominium setting.
Time is critical here. In Florida, there is a statute of limitations of two years from the date of the incident to bring a negligent security claim. That may sound like a long time, but investigations, evidence gathering, and negotiations take months. If you wait, you risk losing your ability to recover damages altogether.
An attorney ensures that:
- Your claim is preserved. Evidence like camera footage or gate logs can vanish quickly. Acting fast allows your lawyer to secure proof before it disappears.
- You have a buffer. Associations and their insurance companies often mobilize attorneys right away. Your lawyer can be the liaison, protecting you from being pressured into harmful statements or quick settlements.
- Your rights as a victim are recognized. Under Marsy’s Law in Florida, you have constitutional rights in the criminal process, including the right to be informed about proceedings, the right to be notified if the offender is released from custody, and the right to be consulted before any plea deals are offered. Your attorney can make sure those rights are respected while also pursuing your civil remedies.
At Perez Mayoral, P.A., we know how associations and their insurers respond to negligent security claims, and we act quickly to protect our clients.
Step 4: Begin Documenting Evidence
Your attorney will guide the investigation, but you can help by collecting evidence:
- Photos/videos of the crime scene (broken gates, dark stairwells, unlocked doors).
- Police reports or incident reports.
- Medical records showing injuries and treatment.
- Witness names and statements.
- Copies of complaints you or others made to the association about security issues.
This evidence helps show that the association’s negligence—not just the criminal act—contributed to your harm.
Step 5: Understand The Association’s Likely Response
After an incident, associations often go into defense mode. Expect that:
- Boards and managers may deny responsibility.
- Insurance companies may try to settle quickly for less than your case is worth.
- Defense lawyers may argue the association cannot be blamed for criminal acts.
Having your attorney in place early keeps the process fair and ensures you’re not pushed into giving up valuable rights.
Step 6: Recognize Your Rights As A Crime Victim
If you’ve been harmed, remember you are not just a plaintiff—you are a crime victim with constitutional rights under Marsy’s Law in Florida. Those rights include:
- The right to be informed about all court proceedings.
- The right to be notified if the offender is released from jail or custody.
- The right to be heard in court proceedings, including sentencing.
- The right to confer with the prosecutor about the case.
- The right to have input before any plea deals are finalized.
- The right to be treated with fairness, dignity, and respect throughout the process.
Your attorney can ensure that these rights are enforced while also pursuing compensation through a civil negligent security claim.
Step 7: Pursue Legal Remedies
With your lawyer’s help, you may recover compensation for:
- Medical bills.
- Lost wages or future earnings.
- Property damage.
- Pain, suffering, and emotional distress.
- Wrongful death damages in fatal cases.
Your attorney will review the association’s governing documents, inspect whether HB 837’s security standards were followed, and determine if the board ignored foreseeable risks or failed in assumed duties.
Contact Perez Mayoral, P.A.
If you’ve been a victim of negligent security in a condominium or HOA, you must act quickly.
- Report the crime to police.
- Seek medical care if injured.
- Call an attorney immediately—Florida law gives you two years from the date of the incident to file a claim.
At Perez Mayoral, P.A., we focus on holding negligent HOAs and condominium associations accountable. We offer free consultations in negligent security injury cases. Contact us today to protect your rights and preserve your claim.
Your property. Your rights. Our fight.
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