What Is Negligent Security In A Condominium Association?

Condominium and HOA living promises safety, shared amenities, and community. But that promise often falls apart when associations ignore obvious dangers. When a resident is injured—or worse—because an HOA or condo association failed to take basic security measures, the law may recognize this as negligent security and our Boca Raton, FL HOA lawyer is here to help.

At Perez Mayoral, P.A., we handle negligent security cases on behalf of condominium and HOA residents across Florida. If you or a loved one has been injured because of inadequate security in your community, we offer free consultations to review your case, explain your options, and discuss how to hold your association accountable.

This article explains negligent security in the association context, provides real-world examples like the Icon Brickell teen stabbing, reviews Florida’s new law HB 837, and shows how homeowners can protect themselves when associations fail to act.

---

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

Life in a condominium or HOA-managed community isn’t always as worry-free as it should be. This video covers five essential things your association may not be upfront about when it comes to negligent security — what that means, the rights you have, and how to protect yourself when your community fails to take action.

---

Defining Negligent Security

Negligent security arises when someone is harmed because a property owner or operator failed to provide reasonable safety measures. In the HOA and condo setting, this responsibility falls squarely on the association and its board of directors.

Common negligent security issues include:

• Broken or malfunctioning gates that allow trespassers to walk in freely.
• Nonfunctional or unmonitored security cameras in lobbies, garages, or elevators.
• Poor lighting in stairwells, garages, and common walkways.
• Doors and locks that are left broken for months.
• Unsecured amenities like pools, gyms, or laundry rooms.
• Failure to warn residents about recent break-ins or assaults in the community.

When associations neglect these duties, and residents are harmed, the board can be held responsible.

On June 8, 2024, tragedy struck at the Icon Brickell condominium in Miami when 17-year-old Dominic Ferrell was fatally stabbed inside his family’s unit. According to police reports, the attacker—26-year-old Kyrill R. Kehl—was not a resident of the building. He gained access by following two men into an elevator as they used their key cards to reach an upper floor. From there, he allegedly used a stairwell to move between floors, checking unit door handles until he found an unlocked unit on the 34th floor. Inside, Ferrell was asleep in his bedroom when Kehl entered and fatally stabbed him. Surveillance cameras later captured Kehl fleeing the building before he entered an adjacent construction site, where he fell to his death.

Ferrell’s parents have since filed a negligent security wrongful death lawsuit against the building’s owners and managers, arguing that the crime was foreseeable and preventable had proper safeguards been in place.

How This Case Illustrates Negligent Security

The lawsuit claims the building failed to implement and enforce basic protections that would have prevented or deterred the attacker’s movements inside the property. Key security lapses include:

• Failure to secure stairwells. Kehl allegedly moved between floors using a stairwell without restriction. In many high-rise condominiums, stairwell access is limited to emergencies or requires fob/key card access to prevent exactly this kind of wandering.
• Inadequate monitoring of entry points. While Kehl may have “piggybacked” into the elevator behind other residents, well-trained security personnel or door attendants could have prevented him from bypassing access controls.
• Lack of active surveillance. Although cameras captured Kehl moving through the building, it appears no one was actively monitoring the feeds to intervene in real time.
• Failure to implement stronger visitor protocols. Many luxury condominiums require guests to be registered, identified, or escorted. Allowing an unknown individual to roam freely to multiple floors without challenge reflects weak enforcement.

What Could Have Prevented The Attack

While no system is foolproof, several common-sense measures could have dramatically reduced the risk of this tragedy:

1. Secured Stairwells: Limiting stairwell access with fob-controlled locks would have stopped Kehl from moving freely between floors after entering the elevator.
2. Improved Access Control: A staffed front desk, security guard presence, or better elevator key card enforcement could have prevented him from entering resident areas at all.
3. Active Video Monitoring: Real-time monitoring of cameras could have alerted staff to suspicious behavior—such as a non-resident testing multiple unit doors—before violence occurred.
4. Stronger Visitor Policies: Requiring guest registration or tighter enforcement of visitor procedures would have reduced the ability of non-residents to enter unnoticed.
5. Resident Awareness And Warnings: If the association had previously experienced security breaches, issuing warnings and increasing patrols may have deterred similar incidents.

Why This Matters For Condominium Residents

This case is a stark reminder that luxury amenities do not equal security. Residents often assume their association is doing enough to protect them simply because the building is high-end or has cameras installed. But unless those systems are functional, monitored, and enforced, they offer little real protection.

Why Associations Have A Duty To Provide Security

Under Florida law, condominium and HOA associations are responsible for maintaining common elements like lobbies, garages, stairwells, gates, and shared amenities. These are precisely the areas where intruders often gain access.

Residents pay monthly or quarterly assessments that fund security measures, and they have a right to expect their associations to keep these areas safe. When boards ignore broken systems or refuse to invest in basic protections, they put everyone at risk.

How HB 837 Reshaped Negligent Security Law In Florida

In 2023, Florida passed HB 837, a sweeping reform bill that affected many areas of negligence and insurance litigation. Several provisions directly apply to negligent security claims against condo associations and HOA associations.

Key Changes

1. Comparative Negligence
   Florida moved from “pure” to modified comparative negligence. A plaintiff who is more than 50% at fault cannot recover damages.
2. Fault Of All Parties Considered
   In negligent security cases, juries must weigh the responsibility of everyone involved, including the criminal offender and even the victim’s own actions.
3. Presumption Against Liability For Associations
   HB 837 created a legal presumption that multifamily properties (including condominiums) are not negligent if they substantially implement certain safety measures.

Security Measures That Protect Associations Under HB 837

The law, now codified in Fla. Stat. § 768.0706, gives associations a presumption against liability if they maintain:

• Cameras at entry and exit points with retrievable video footage.
• Lighting in parking lots, walkways, and common areas from dusk until dawn.
• Deadbolt locks of at least 1 inch on every unit door.
• Locking devices on windows, sliding doors, and other access points.
• Locked pool and amenity gates with fob or key access.
• Peepholes or door viewers on unit doors without windows.

If your association refuses to maintain these protections, it is not only putting residents in danger—it may also be stripping itself of important legal defenses.

What This Means For Homeowners

For homeowners and residents, HB 837 has two main consequences:

• Stronger incentives for associations to improve security. Boards now have clear guidelines for what they should be doing.
• Harder lawsuits if associations meet the minimum. If your condo or HOA installs cameras and lighting but fails to keep them working, the law still allows you to bring a case. But if they do it right, it becomes harder to win negligent security claims.

Ultimately, the law underscores why owners need to stay vigilant about their association’s security practices.

Steps To Take If You Suspect Negligent Security

If you believe your condominium or HOA is failing in its duty to provide adequate security, you can take action:

1. Document the issue. Photograph broken gates, dark stairwells, or unmonitored cameras.
2. Put it in writing. Send a written request to your board or property manager. Verbal complaints are easily ignored.
3. Request records. Florida law allows you to inspect association records, including contracts and board minutes. These may show whether security is being neglected.
4. Check the governing documents. Some declarations or covenants include security obligations that go beyond the statute.
5. Consult an attorney. If nothing changes, a negligent security claim may be the only way to protect yourself and your community.

Why Negligent Security Cases Matter

These cases are not just about compensation after an assault or robbery. They are about forcing boards and managers to live up to their obligations.

Associations often resist spending on cameras, lighting, or security staff. But ignoring security is a false economy. When something terrible happens, the costs—lawsuits, insurance hikes, and special assessments—are paid by the very owners the board was supposed to protect.

Take Action With Perez Mayoral, P.A.

Negligent security in condominiums and HOAs is a preventable problem. Associations have the money, the duty, and now the legal roadmap under HB 837 to keep residents safe. When they fail, they can and should be held accountable.

If you or your family have been the victim of crime at your condominium or HOA community, do not wait. Contact Perez Mayoral, P.A. today. We will review your case, explain your options, and fight to hold your association accountable. Reach out today to schedule a consultation.