COMMON AREA LIGHTING

QUESTION: My HOA has not repaired a parking lot overhead light. This has resulted in a very dark and unsafe condition which has led to car break-ins and potentially unsafe condition for residents and guests. What is the association's responsibility?

ANSWER: Your board should repair the light as soon as possible. Otherwise, the association could be liable for any injuries to persons or property that might result from their failure to respond--especially since the board is already on notice that the lack of lighting may have been a factor in previous criminal activity.

Village Green Association. A similar set of circumstances has already been litigated up to the California Supreme Court. In the Village Green Owners Association, a young woman installed exterior security lights after her condo was burglarized. Even though the board was aware of criminal activity in the development, she was ordered to remove the lighting because it had not been approved by the board.

Rape and Robbery. The woman complied and disconnected her lights. That night an unidentified person entered her unit under cover of darkness and molested, raped and robbed her. She sued the board.

Foreseeable Harm. Even though boards are normally not responsible for the criminal acts of others, the Supreme Court held that directors can be held liable for their own negligence. The Court concluded that associations and members have a relationship requiring boards to exercise reasonable care to protect residents from foreseeable harm.

It is not necessary that the prior crimes be identical to the ones actually perpetrated against a resident. To create liability, boards need not foresee the precise injury to a resident, only that the possibility of this type of harm is foreseeable. For more about the Court's reasoning see Frances T. v. Village Green Owners Assn.

Updated by ADAMS KESSLER 8/21/2007