When Is A Condo Association Responsible For Crimes On Its Property?

At Perez Mayoral, P.A., we represent homeowners only—never associations. Many times, homeowners come to us after being harmed by criminal activity in or around their condominium, only to be told by the association that there is “nothing they could have done.” But that isn’t always true and our Boca Raton, FL condo lawyer is here to help. Under Florida law, associations can be held responsible in certain circumstances when crimes occur on condominium property.

Two key Florida cases—Admiral’s Port Condominium Ass’n v. Feldman and Czerwinski v. Sunrise Point Condominium—show how courts analyze association responsibility, particularly when it comes to foreseeability, voluntary assumption of duty, and the role of prior crimes.

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🎥 Watch: What Your HOA or Condo Won’t Tell You About Negligent Security

Watch this quick video to learn five essential things your association may never disclose about negligent security — what it means, why it matters, and how Florida law can hold them responsible when they fail to protect residents.

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Foreseeability: The Key Legal Question

In negligence cases, foreseeability determines whether an association had a duty to protect residents from criminal acts. If prior crimes or conditions made an incident foreseeable, the association may be responsible for failing to act.

In Admiral’s Port Condominium Ass’n v. Feldman, 426 So. 2d 1054 (Fla. 3d DCA 1983), a resident was mugged in the condominium’s parking lot. The owners argued that the association should have provided better security. But the court found that no similar crimes had been reported on the property before, and evidence of crimes occurring “substantial distances away” was not enough to prove the attack was foreseeable. The association was not held liable.

By contrast, in Czerwinski v. Sunrise Point Condominium, 540 So. 2d 199 (Fla. 3d DCA 1989), the court faced a situation where a resident was attacked in her unit after an intruder gained access through the building’s unsecured storage area. The association already knew of multiple break-ins and other serious incidents on the premises. The court concluded that the risk of harm was foreseeable in light of this history and that the association could be held responsible for not addressing security concerns.

Takeaway: If crimes have happened on the property before, especially if they show a pattern, your association cannot turn a blind eye. They may be legally responsible for failing to act.

Voluntary Assumption Of Duty

Even when crimes aren’t foreseeable based on past incidents, associations can create liability by voluntarily assuming a duty to provide security.

For example, if an association hires a security company, installs gates, or advertises “24/7 security,” it may be taking on a duty to provide reasonable protection. Once that duty is assumed, the association can be held responsible if the measures are negligently performed—even if the crime in question was the first of its kind on the property.

In other words, once the association promises protection, it has to follow through.

How Prior Crimes Influence Liability

The contrast between Admiral’s Port and Czerwinski shows the importance of prior incidents.

• No prior incidents: Courts are reluctant to hold an association liable if a crime truly came out of nowhere.
• History of crime: Once there’s a pattern—such as burglaries or violent incidents—the law expects associations to act.
• Voluntary duty: Even without prior crimes, associations that promise security must deliver reasonable protection.

What A Lawyer Can Do For You

If you’ve been the victim of a crime in your condominium community and your association failed to take proper precautions, a lawyer can help you pursue a negligent security claim against the association.

Through this type of lawsuit, you may be able to recover compensation for:

• Medical expenses – all past treatment costs as well as future care you may need.
• Pain and suffering – the physical pain and emotional trauma caused by the crime.
• Lost wages or income – if your injuries prevent you from working.
• Loss of enjoyment of life – for the lasting impact the incident has on your day-to-day living.
• Other damages – such as costs related to therapy, medication, or ongoing rehabilitation.

Our role as your attorneys is to investigate the facts, gather evidence of prior crimes or failed security promises, and prove that your association’s negligence directly contributed to your injuries. We don’t represent associations—we represent homeowners who deserve protection and accountability.

Bottom Line

Condo associations aren’t automatically liable for crimes, but they also don’t get a free pass. When prior crimes show danger was foreseeable, or when an association promises security and fails to deliver, Florida courts have held associations accountable. And if you’ve been harmed, the law allows you to pursue damages for medical costs, pain and suffering, and more.

At Perez Mayoral, P.A., we stand with homeowners—not associations. If you’ve been harmed by crime in your condominium community and believe your association failed to protect you, we can evaluate your case and explain your legal options. Reach out today to schedule a consultation.

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.