The Three “s” Words: Safety, Security, And Surveillance

These words are seemingly innocuous, but they can be quite dangerous to your Association. Many of the Associations we represent have safety committees, security gates, and/or surveillance cameras. Generally, we consider these services to be beneficial. They protect everyone and help people feel comfortable. But sometimes when we provide these services, it can look like the Association is assuming responsibility for keeping people or property safe. Is it really the Association’s intent to assume liability for the safety of its residents? Probably not.

In Ohio, there have not been any documented cases where a resident has been able to collect against a homeowners or condominium owners association for the association’s failure to keep a resident safe, but there have been lawsuits. One such case is out of Lakewood, involving the Carlyle Condominium Building. In Nader v. Carlyle Condominiums, 2010 Ohio 4359, a woman drowned while swimming in the Association’s pool and her estate sued the Association alleging that the surveillance cameras provided by the Association fostered a sense of safety and that the Association was liable for failing to properly monitor the cameras. The court ultimately found in favor of the Association on the grounds that there were signs posted indicating that there was no lifeguard on duty and that swimmers swim at their own risk. It is crucial to note, however, that there was no specific finding that the presence of cameras did not create liability, only that any liability that may have been created was subsequently negated by the posted signs.

This is not to say that your Association should not provide these sorts of safety services. You absolutely should. We just need to be smart about how we protect ourselves. The best thing you can do to protect your Association from lawsuits arising out of these situations is to amend your documents by incorporating a liability disclaimer. It could be something as simple as the following: “Regardless of any safety or security measures employed by the Association, the Association assumes no responsibility for the safety of its owners, residents, and/or guests.” Of course, the inclusion of such a provision is not a guaranty of protection, but it creates a strong presumption in favor of the Association.

In addition to amending your documents to limit liability, there are other precautions that you can take to protect your Association. Do you have a safety committee that was formed to primarily address vandalism? Call it a beautification committee. Do you have surveillance cameras around your pool? Install signs stating “No Lifeguard on Duty, Swim at Your Own Risk.”

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