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The Duty of Homeowner Associations to Maintain Safety: A Legal Perspective

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The Duty of Homeowner Associations to Maintain Safety: A Legal Perspective

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The Duty of Homeowner Associations to Maintain Safety: A Legal Perspective

Brubaker Injury Law

January 11, 2024


Homeowner associations (HOAs) play a crucial role in maintaining the safety and well-being of residents within their communities. While their primary focus may not be security, HOAs have a moral and legal responsibility to ensure a secure environment for homeowners. Neglecting safety measures can lead to financial damage, lawsuits, and a tarnished reputation. In this article, we explore the duty of care that HOAs owe to their members and practical steps to enhance safety.

Understanding HOA Responsibilities

Premise Liability Laws:

  • HOAs must be aware of premise liability laws specific to their state. These laws hold communities responsible for preventing harm to third parties or addressing issues that could cause injury.
  • Common premise liability cases include slips and falls, dog bites, elevator accidents, swimming pool incidents, and exposure to toxic substances.
  • Proper maintenance of common areas is essential to prevent such incidents.

Effective Security Measures:

  • While HOAs often provide street lighting, security cameras, and gate locks, it’s crucial to ensure these measures are effective.
  • Regularly assess existing security infrastructure. For example:
    • -Security fences should be tall enough to deter unauthorized entry.
    • -Clear warning signs should communicate rules and restrictions.
  • Form a Safety and Security Committee to monitor and address safety concerns proactively.

Annual Resident Security Review:

  • HOA boards should engage with residents annually to evaluate security measures.
  • Gather feedback, identify any gaps, and address residents’ safety concerns.
  • Transparency and communication are key to maintaining trust within the community.

Liability and Legal Considerations

1. Negligence Claims:

  • HOAs can be held liable if they fail to take timely and appropriate action to resolve safety issues.
  • Neglecting proper maintenance or ignoring building codes can expose the HOA to liability.

2. Vicarious Liability:

  • HOAs may be accountable for their employees’ actions or those of contracted service providers.
  • Properly vetting contractors and ensuring compliance with safety standards is essential.


In summary, HOAs must prioritize safety by conducting regular security assessments, staying informed about premise liability laws, and actively engaging with residents. By fulfilling their duty of care, HOAs contribute to a secure and harmonious community.

At Brubaker Injury Law, we’re here to help you navigate the complexities of your personal injury case. If you’ve been injured in an accident due to HOA negligence, don’t hesitate to reach out to us. We’re here for you.

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