Community Associations Must Affirmatively Mitigate Negligence

When an accident happens on the grounds of a community association, it can create long-term financial consequences for the association and the owners. If you are a board member, it is generally a good idea to ensure your association is doing all it can to mitigate any accusations of negligence that might appear further down the road. If you have questions or concerns, the right attorney can help.

Frequent Inspections

It is generally good practice to conduct frequent inspections even if your association is relatively new or recently repaired. In-depth investigation of the inner workings of common elements may not be necessary, but walk-throughs focusing on lighting, pathways, access areas and amenities can prevent many different types of accidents before they happen. Most sets of governing documents require associations to maintain the common elements in good working order to begin with; inspections are merely a tool to help accomplish that goal.

Act Fast

If a potential hazard is found, it is incumbent upon your association to act quickly in mitigating it. In most cases, warning of its existence is not enough – it is the association’s duty to repair hazards and replace infrastructure that has outlived its usefulness. If a person is injured on the association’s property, and it comes out that the hazard was known, this is textbook evidence of negligence that can place the association squarely on the proverbial hook.

Be Transparent To Residents

One choice that may indirectly protect the association from negligence claims is being open to hearing reports from residents about potential problems around the property. It is quite plausible that a resident may notice an issue that inspectors have not, and ensuring that the association is seen as easy to talk to can go a long way toward keeping the property safe.

Maintain Good Insurance Coverage

While it does not mitigate negligence lawsuits, it is always a good idea to maintain good insurance coverage, even if the cost is high. In addition, if work needs to be done on the premises, it is incumbent upon the association to ensure that contractors and subcontractors also carry appropriate amounts of insurance. Failure to do so can be laid at the door of your association in some cases.

Contact A Hollywood, FL Community Association Attorney

If a person is injured on the property of a community association, they have every right to seek compensation for what they have been through – but community associations have the duty to try and minimize the likelihood of that injury ever happening. If you have questions or concerns about the best way to do this, a Hollywood, FL community association attorney from The Law Offices Of Steven A. Mason, P.A. can help ensure they are managed. Call our office today to schedule a consultation.