Article Courtesy of The Tampa Bay Times
By Mark Puente
Published March 24, 2012
The killing of 17-year-old Trayvon Martin by a neighborhood watchman in Sanford should be a cautionary tale for homeowners associations, experts say.
The circumstances -- a volunteer watchman carrying a gun, and questions over whether he did enough to avoid shooting the unarmed teenager -- could put the homeowners association where the incident took place in legal hot water.
And in many cases like this one, the residents don't know they could be liable until a tragedy occurs, when they find out that their homeowners association only carries insurance for directors and board officers, not volunteers who patrol streets or maintain common areas.
"There are ripple effects on everybody in a community," said Donna DiMaggio Berger, a managing partner with the statewide law firm of Katzman Garfinkel & Berger, which represents more than 2,000 homeowners associations. If volunteers take matters into their own hands, "the association is going to get sued."
According to reports, George Zimmerman, 28, called police from his car after noticing Martin walking through the neighborhood. Later in the call, Zimmerman said the teenager was running away. The dispatcher advised Zimmerman not to follow and said that an officer was on the way. Minutes later, Martin was killed by a bullet to the chest, which Zimmerman said he fired in self-defense.
Martin's family has not sued the Retreat at Twin Lakes, where the shooting took place and Zimmerman was the captain of the neighborhood watch.
Berger said if the association knew Zimmerman regularly carried a weapon while on volunteer patrol, that could provide Martin's family with further ammunition in a lawsuit. She also advised that using professional security guards or law enforcement officers can help avoid these types of legal entanglements.
"If you have safety and security issues, don't hire a citizens brigade," she said.
Associations should learn the backgrounds of volunteers and check with insurance carriers to determine whether more coverage is needed, Berger added.
Safety is a selling point that draws buyers to certain neighborhoods. As the foreclosure aftermath flooded streets with empty houses, homeowner associations found smaller budgets to maintain services. Instead of paying outside firms, many now marshal volunteers for landscaping, maintenance and security.
Tampa-based Rizzetta & Co. manages more than 100 community associations with 32,000 homes in Florida. President William Rizzetta said some HOA board members often don't consult with law enforcement agencies or attorneys when problems arise.
"We always caution our boards about taking matters into their own hands," he said. "We fight that all the time."
Bob Schumaker, an attorney with Trenam Kemker in St. Petersburg, said neighborhood watches serve a vital role in housing developments. But leaders of the groups need to be explicit when instructing volunteers about their roles.
"Residents are not allowed to take action against someone else," he said. "They should just call the police quickly. Anything else is bordering on vigilantism."
