Does my HOA have a legal obligation to maintain adequate security within my community?

In California, homeowners associations (HOAs) generally have a duty to maintain common areas and provide a reasonable level of security, but their obligations are not unlimited. Here’s a breakdown of a typical HOA's responsibilities:

1. Duty to Maintain Common Areas

HOAs are responsible for maintaining common areas (e.g., gates, lighting, fences, parking lots) in a reasonably safe condition. If poor maintenance (e.g., broken gates, inadequate lighting) contributes to a security breach, the HOA could be held liable for negligence.

2. No Absolute Duty to Prevent Crime

California courts have ruled that HOAs are not insurers of residents' safety and cannot guarantee complete protection against crime. However, if the HOA has:

• Voluntarily assumed security measures (e.g., hiring guards, installing cameras), they may have a duty to maintain them properly.

• Prior knowledge of recurring criminal activity (e.g., repeated break-ins), they may need to take additional reasonable steps if they are in a position to correct the problem.

3. Governing Documents & Local Laws

• CC&Rs & Bylaws: Some HOAs outline specific security obligations in their governing documents. If they are required to provide certain security measures (e.g., gated access, patrol service, etc.), they must honor these contractual obligations.

• Local Ordinances: Some cities may impose additional security requirements (e.g., lighting standards for parking areas).

4. Potential Liability for Negligence

An HOA could face liability if:

• It fails to fix known hazards (e.g., broken locks, unlit common spaces).

• It advertises security features (e.g., "24/7 guarded community") but fails to provide such services.

• It ignores repeated complaints about security vulnerabilities.

  
  

What Homeowners Can Do

• Review the HOA’s CC&Rs for security-related obligations.

• Document complaints about security issues in writing to your association.

• Request improved measures (e.g., better lighting, surveillance) formally at HOA meetings.

• Consult an attorney if negligence is suspected after an incident.

Conclusion

While California HOAs are not required to protect against every security threat, they must take reasonable steps to maintain safe common areas and address known risks. If they fail to do so, they may be held liable for negligence.

Have further questions? Schedule a consultation to better understand your rights and options.

Disclaimer: This blog provides general information and does not constitute legal advice. Any referenced laws or regulations may no longer be current and subject to change.