Lighting in vulnerable common areas is an important deterrant to crime. If a board is on notice that existing lighting needs repair and injries or assaults have occurred because of their failure to repair or install lighting, the association could be liable.
Village Green Association. 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. She complied and disconnected her lights. That night an unidentified person entered her unit under cover of darkness and 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. The court found the following points relevant:
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The association was on notice that crimes were being committed against residents. Correspondence from plaintiff and other residents, along with the articles in the association's newsletter, demonstrated the board was aware of the link between the lack of lighting and crime.
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Plaintiff's unit had been recently burglarized and the board knew this.
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.
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