Estate Living Magazine Smart Moves - Issue 38 February 2019 | Page 44

C O M M U N I T Y
L I V I N G
BEST PRACTICES:
SECURITY FOR COMMUNITY ASSOCIATIONS
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 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:
• 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 criminal
acts in the case of:
• breach of duty to provide adequate security
• breach of contract
• misrepresentation.
Both the community manager and the board should understand
how to properly discharge their responsibilities under the standards
of reasonableness and the duty of care. The manager and the board
also need to analyse the scope of their overall authority and legal
obligation, as laid out in the governing documents.
Impact of crime on the community
Community associations have a responsibility to protect the
investments of the community members. A person’s home or unit
is typically his or her largest physical investment, thus 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 high in
prospective buyers’ relocation choices. Sometimes it is necessary
for the individual to relinquish certain freedoms for macro-level
protections, which could impact on quality of life. Assuming that a
community is faced with real – as opposed to perceived – crime, the
association can begin to address the impact of that crime by asking
several fundamental questions:
• Has crime increased resident instability?
• Has crime affected property values?
• Has crime affected the quality of life within the community?