Residential Estate Industry Journal 5 | Page 66

SECURITY FOR COMMUNITY ASSOCIATIONS BEST PRACTICE: Of the many good reasons for moving to a residential estate, the one most often cited is security. Residential estates are seen as safer places to live, and places where children and adults alike can walk and play in public open space. So security is extremely important. Your association’s obligation to undertake security measures Security System Security Optimisation Security is a major selling point of many residential estates, so the board has an obligation to make every effort to minimise crime. The board’s legal obligations in the exercise of its management powers are to: • Security Guarding comply with the governing documents • conduct its activities diligently • effectively carry out its fiduciary duty to the association and its members. The community association may be liable for third-party Assuming that a community is faced with real – as opposed criminal acts in the case of: to perceived – crime, the association can begin to address the • breach of duty to provide adequate security impact of that crime by asking several fundamental questions: • breach of contract • Has crime increased resident instability? • misrepresentation. • Has crime affected property values? • Has crime affected the quality of life within the community? Both the community manager and the board should understand how to properly discharge their responsibilities When crime in a community association is real and increases under the standards of reasonableness and the duty of care. in frequency, a board of directors will often take a look at its The manager and the board also need to analyse the scope of own efforts and response and determine if additional action is their overall authority and legal obligation, as laid out in the necessary. A community’s response to crime can be assessed in governing documents. several steps. To identify and measure a community’s response to crime, four basic questions may be asked: Impact of crime on the community • What is the community doing to prevent crime? • How does perceived crime influence the community’s Community associations have a responsibility to protect the • Is the crime response successful? investments of the community members. A person’s home • What are the side effects of the community’s crime crime-prevention efforts? or unit is typically his or her largest physical investment, thus prevention activities? protecting property value should be a main concern of any association. In addition, perceptions of personal safety influence current residents’ decisions regarding relocation, and also rank Developer considerations high in prospective buyers’ relocation choices. Sometimes it is necessary for the individual to relinquish certain freedoms for Developers often construct community associations with a macro-level protections, which could impact on quality of life. wide variety of amenities that are designed to entice potential 66