Condominium Associations & Security – Who Is Liable After A Crime?

It is more and more common in recent years for condo associations in Florida to enlist outside security companies to protect their premises. While this can provide residents with some peace of mind, it does open up potential legal issues, particularly if crime persists. It is crucial that a condo association understand the rights and responsibilities of both themselves and a third-party security company before entering into a contract of this kind.

Extent Of Services Must Be Clarified

In general, both at common law, and in Florida statutory law, a party does not owe another party a duty to protect them from the acts of a third party – Company A cannot predict how Person/Company C will act (and protect Company B) with any degree of foreseeability. If an action is not foreseeable, it cannot be the basis for liability. That said, a duty of care may be created if an entity takes explicit steps to protect another entity, or if they contract to do so.

What this all means for condo associations is that a duty of care will generally be created if the association hires a security company to protect the premises, but that duty must be clarified specifically in order for both parties to be satisfied. Very often, the ‘little details’ of a contract are where two parties wind up having their bitterest disputes – for example, they may disagree over whether protection should extend to common elements or not.

The Law Is Unsettled

At common law, a first or second party cannot be held liable for the acts of a third, and Florida’s courts have interpreted this to mean that in most cases, a property owner is not liable for any crime that occurs on their premises unless it is foreseeable. While it is not unreasonable to assume that this would also apply to a third party security company, it is important to keep in mind that as of this writing, this has not been tested in court. The law remains up in the air, so to speak, until a case is decided.

If you have been injured as a result of third-party crime on the premises of your condo association, it may be confusing to determine who should be liable – but every case is different, leading to a host of different answers. It may sometimes even be appropriate to include both the association and the security company as defendants.

Call A Tampa Condominium Association Attorney

A condo association has an obligation to protect its residents where possible, but when third parties are involved, liability can become difficult to apportion. If you have questions or concerns about negligent security liability for yourself or your condo board, a Tampa condominium association attorney from the Seward Law Office will try to assist in getting them handled. Call our office today to schedule a consultation.

Source:

news-press.com/story/news/local/2025/05/26/florida-homeowners-association-laws-security-company-obligations/83764492007/