Trayvon Martin Case Casts Financial Shadow on Homeowner Associations

Even if George Zimmerman is never charged or convicted in a criminal case related to the death of Trayvon Martin, the events in Sanford, FL should remind homeowner associations nationwide that in such contentious cases they may face liability claims that could cost million of dollars to defend.

Martin died of a gunshot wound Feb. 26 in an encounter with Zimmerman, a Neighborhood Watch volunteer.

Zimmerman is scheduled to appear before a grand jury in April. As of this writing he has not been indicted or convicted of any wrongful act.

“The death of Trayvon Martin, a 17-year-old high school student in Sanford, Fla., is a reminder that Neighborhood Watch programs, even with the best intentions, can create liabilities for homeowner residents and entire communities,” says Thomas M. Skiba, CAE, chief executive officer of Community Associations Institute (CAI).

“We know neighborhood watch programs can reduce crime and ease the fears of residents, but they also pose major risks when appropriate procedures aren’t followed. It’s essential that those who organize and lead watch programs work with local law enforcement authorities to ensure that all volunteers understand and accept the extent and limitations of their responsibilities,” said Skiba.

Skiba said it’s not CAI’s place to pass judgment on the criminality of the events in Florida or the state’s stand-your-ground law.

“But the horrible fact remains that family and friends now grieve for a young man,” he says. “As the father of a 17-year-old son, I can’t begin to imagine the horror facing Trayvon’s family. If nothing else, the regrettable confrontation that night reminds us that such programs must be carefully implemented and rigorously monitored.”

Skiba urges all community associations, even when a watch program isn’t managed by the association, to review procedures and to do everything possible to prevent confrontations that should be handled by police.

For communities considering neighborhood watch programs, Skiba offers the following advice:

  • Contact the local police department for start-up support, guidance and training. Volunteers who skip this critical step can find themselves on the wrong side of the law—or worse.• Seek the advice of an attorney with expertise in community association law.
  • Create processes for recruiting only responsible volunteers who will follow all procedures.
  • Develop methods, such as websites and e-mail, to keep volunteers and residents informed.
  • Continuously reinforce all procedures—including do-not-engage rules for resident volunteers.

“Community associations should proceed very carefully before they decide to create or manage a neighborhood watch program or before they even formally endorse a watch program organized by residents,” Skiba says.

He says association boards considering this issue need to ask three fundamental questions:

  • What is the extent of the association’s powers under its governing documents?
  • Does the association have the authority to establish a community watch?
  • What are the legal and ethical liabilities of an association-sponsored watch program?

“These questions should be answered, definitively before board members take formal action to establish a watch program or even lend support to such an initiative. Communities that can’t or won’t answer these questions should drop the idea altogether,” says Skiba.

Broderick Perkins is the founder of DeadlineNews.com and a long-time real estate journalist. Copyright 2012 DeadlineNews.com. Posted with permission.

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