Condo Media - June 2022 - 37

CRIMINAL ACTS COMMITTED
BY ASSOCIATION EMPLOYEES
When making employment decisions,
board members do not typically consider
the propensity of that individual
to engage in criminal activity or the
board's potential exposure to liability
in the event of the same.
To that end, boards may be held liable
under a theory of negligent hiring
when they knew or should have known
of the prospective employee's unfi tness
for the position. In cases of negligent
hiring, a determination as to liability
will often come down to whether or
not adequate background screening
was conducted by the employer prior
to extending any offer of employment.
On the other hand, claims for negligent
retention may arise in situations where
an employer becomes aware that a
current employee is no longer fi t for
the position that they were hired to
perform, and the employer fails to take
appropriate action in response thereto.
FALSE PERCEPTIONS OF
SAFETY AND SECURITY
No matter how well-intentioned, board
members may be exposed to liability
for creating an illusion or false sense
of security where in fact there is none ,
because where individuals are led to
believe that there are already safety and
security measures in place, they may be
more inclined to let their guards down
to put themselves in a more vulnerable
situation than they would otherwise.
For example, this may occur in situations
where the onsite personnel stationed
at the front of the building lack
training in the proper safety and security
protocols to be followed, or where
there is no one assigned to actively
monitor the footage being captured on
video cameras visible throughout the
common areas.
NEIGHBORHOOD
WATCH GROUPS
In certain situations, the individual
members of an association may wish
to assume a more proactive role in preventing
crime within the association by
forming a neighborhood watch group.
Issues related to safety and security impact the
entire association. Therefore, all residents should have
a clear and express understanding as to what their
own duties and obligations are.
Although neighborhood watch groups
may help residents to feel safer and to
help deter crime within the community,
some group members may act overzealously
and seek to " catch criminals "
rather than to report any suspicious
activity that they might observe in the
context of their " watch " to local offi cials
for further handling.
Therefore, neighborhood watch
groups should exist separate and apart
from the association's governing board
and should be entirely independent of
the same. Moreover, the distinction
and lack of affi liation between the
association's governing board and
neighborhood watch group should be
frequently communicated to the members
of the association.
Issues related to safety and security
impact the entire association.
Therefore, all residents should have
a clear and express understanding
as to what their own duties and
obligations are with respect to the
same and so that they may take any
added precautions (to the extent
necessary) to protect their own
safety and security, without undue
reliance being made upon the governing
board for purposes of
the same.
■ JENNIFER L. BARNETT, ESQ.
IS A PARTNER IN THE FIRM
MARCUS, ERRICO, EMMER &
BROOKS, P.C.
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June 2022 CONDOMEDIA 37
Condo Media - June 2022

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