— Worried about Security
“While case law varies, it is often true that associations have a duty to insure that a community is safe. While there is much latitude that is afforded to an association in terms of handling possible criminal threats and risks, as a general rule an association cannot put its “head in the sand” and make believe that such risks are non-existent.
“If an association has knowledge that there is general criminal activity in the community, it needs to be proactive and take reasonable measures to avoid any criminal action. What is reasonable depends upon the circumstances and the nature of the potential threat.
“The question raised suggests that the association was aware that sexual predator activity was occurring within the community and that in fact an assault transpired. The liability of the association may very well pivot on the nature of the knowledge that the association had and the kinds of proactive activities taken by the association in response.
“In the case that was presented one must inquire as to what the association really knew in advance, whether the association had the ability to corroborate the allegations of sexual predator activity, and if under all relevant circumstances, the association provided a reasonable response.
“In conclusion, an association may very well bear some legal responsibility if it has knowledge of sexual predator activity and fails to act in a reasonable manner. At the end of the day, the question of what constitutes advance knowledge and what constitutes a reasonable response would likely control how a court views an association’s potential liability in this terribly sad situation.”