Do security gates prevent crime or create liabilty for HOAs?

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By Deborah Goonan

In the luxury gated community of Estuary of Grey Oaks in Naples, FL, homeowners Mike and Sabrina Ferry became the unfortunate victims of a violent home invasion last year. The perpetrators entered through an insecure fence surrounding the community, then broke into the Ferrys’ home and bound and brutalized them before driving off with their car.

According to the news links below, both homeowners suffered physical injuries and have sought psychological counseling to cope with the trauma. The couple has filed a lawsuit against the HOA and its security company.

The HOA attorney argues that crime cannot always be prevented, and that the Association had taken reasonable security measures at the time to prevent criminal activity. The Ferrys’ attorney claims security was inadequate and not as advertised, because there were obvious breaches in the fence surrounding the community, allowing intruders to enter.

This is an important legal case to follow, because it will determine the level of liability a homeowners’ association assumes when it provides guarded gate security.

You can read details from NBC2 news here:

Victims of violent Collier home invasion suing HOA
http://www.nbc-2.com/story/28615554/victims-of-violent-collier-home-invasion-suing-hoa#.VdICOcT3arX
Naples home invastion victims suing HOA (video)
http://www.nbc-2.com/story/29568212/naples-home-invasion-victims-suing-hoa#.VdICj8T3arX
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