CRIMINAL ACTIVITY

Associations have a duty to exercise due care for the safety of residents and can be liable for failure to take reasonable steps to protect residents from foreseeable criminal activity. Frances T. v. Village Green Owners Ass'n.

Boards should consult legal counsel when criminal activity occurs in the development. Issues to consider involve (i) notification of residents of the activity, and (ii) appropriate steps for the association to take to stop the activity.

The discovery that a registered sex offender lives in the development is a separate issue that needs careful consideration in light of Megan's Law restrictions.

Updated by ADAMS KESSLER 8/9/2008