Most board members assume that if a crime occurs within the community, responsibility rests solely with the person who committed the act.
While that is often true, there are circumstances where a property owner or community association may face liability for injuries caused by third-party criminal activity.
Understanding when this risk arises can help boards make informed decisions about community safety, risk management, and governing document protections.
Liability for Third-Party Criminal Acts
Under Georgia law, owners and occupiers of property may, under certain circumstances, be held liable for criminal acts committed by third parties on property they own or control.
These claims commonly arise in settings such as apartment communities, condominiums, shopping centers, hotels, and other properties where people regularly gather.
The key issue is not whether a crime occurred. The question is whether the criminal act was reasonably foreseeable.
The Role of Foreseeability
Property owners are not required to guarantee the safety of every person who enters their property. However, they do have a duty to exercise ordinary care to guard against foreseeable risks.
When evaluating whether a criminal act was foreseeable, courts often examine prior criminal activity occurring on or near the property. Factors may include:
- The location of prior incidents
- The nature and extent of prior criminal activity
- The similarity between previous incidents and the event in question
- The proximity in time between earlier crimes and the incident being litigated
Importantly, prior criminal activity does not need to be identical to the incident at issue. Courts generally look at whether earlier events were sufficient to alert the property owner to a potentially dangerous condition.
What This Means for Community Associations
For condominium and homeowners associations, liability concerns often center on common areas under association control.
If a community experiences recurring criminal activity or is located in an area where criminal incidents are increasing, boards may want to evaluate whether additional safety measures are appropriate.
Every community is different, and the appropriate response will depend on the circumstances. However, understanding potential risks before an incident occurs is often preferable to addressing them after the fact.
The Importance of Governing Document Protections
Many condominium declarations and declarations of covenants contain provisions designed to limit an association’s exposure to security-related claims.
These provisions frequently state that:
- Owners and guests are responsible for their own safety.
- The association has no duty to provide security services.
- Security measures do not guarantee protection from criminal activity.
- The association cannot be held liable for the failure or ineffectiveness of security measures.
Georgia courts have generally enforced these types of provisions.
Boards should periodically review their governing documents with legal counsel to determine whether appropriate protections are in place and whether amendments should be considered.
Final Thoughts
No association can prevent every criminal act. However, understanding how courts evaluate foreseeability and liability can help boards make informed decisions about risk management and community operations.
Community associations should work closely with legal teams with extensive knowledge in community association management law to evaluate their governing documents and address potential liability concerns before problems arise.
About The Author
Joshua F. Jones
Partner, Winter Capriola Zenner
Joshua F. Jones is a Partner at Winter Capriola Zenner, where he serves as general counsel to condominium, townhome, and homeowner associations throughout Georgia. He advises boards and community managers on governance, compliance, operational matters, real estate transactions, and corporate issues affecting community associations.