HOA BEWARE: IT’S “NEIGHBORHOOD WATCH” – NOT “NEIGHBORHOOD SHOOT”!

By Jan Bergemann

Published April 20, 2012

All the folks who made headlines in the last few weeks should have read the WIKIPEDIA explanation for “NEIGHBORHOOD WATCH”: Neighborhood watches are not vigilante organizations. When suspecting criminal activities, members are encouraged to contact authorities and not to intervene. A lot of serious problems could have been avoided.

The actual idea of creating Neighborhood Watch groups is great, but, as usual, human beings are able to destroy even the best idea. While many homeowners’ associations have well functioning Neighborhood WATCH groups, there are quite a few where members of these groups – mostly wannabe cops – go around heavily armed, willing to engage any “suspicious” person.

Most organized Neighborhood Watch groups in community associations work closely with local law enforcement agencies.  There are lots of training programs and training materials available. The National Sheriffs’ Association in partnership with the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice is providing training for the community Crime Watch groups. Most all police departments have a so-called Neighborhood Affairs Liaison that will help associations with the education and training of watch group members.

A well organized Neighborhood WATCH program is an asset for every good community association.

If a community association officially organizes a Neighborhood Watch Group, the board should make sure that proper rules and regulations are in place before the members become active. Make sure that the members understand that they are a WATCH group, not a group enforcing the law. They should watch and call the police if they see suspicious activities. And that’s where the job of these volunteers stops. The guidelines created by the HOA should clearly say so: WATCH – NOT SHOOT!

Never forget, if the neighborhood watch group was created or is affiliated with the community association, the association will be held liable for the actions of these watch group members. Never forget, the USA is a sue-happy country, and everybody is always looking for the party with the deepest pockets – in this case the homeowners’ association.

I am convinced that the Martin family will in the end file a wrongful death lawsuit against the Retreat at Twin Lakes Homeowners Association – no matter what has been said in the past. The association members are sitting ducks, with their homes being collateral for any monetary judgment dished out by a court and a jury. Newspapers are full of articles about the possibility of a lawsuit being filed. See for example: HOA could be sued in Trayvon Martin civil suit.

Make no mistake: The Zimmerman/Martin story is world news. I spoke last week for nearly two hours to a reporter from one of Europe ’s biggest TV stations: RTL. His interest was not so much the actual death of Trayvon Martin, but the liability of the HOA. I actually spent most of the time explaining what HOAs really are. Don’t forget: There are no HOAs in Europe – associations like that are considered illegal.

Homeowners should take a close look at the way their Neighbor Hood Watch is regulated – and if there are “safeguards” in the rules that protect the homeowners against liability of actions of their association-appointed Watch members – in case they go “overboard.”

If the Crime Watch members SHOOT instead of WATCH, many homeowners could lose their homes if they can’t pay the special assessment that has to be levied to pay for the judgment in the wrongful death lawsuit, if a jury so decides. Homeowners only too often forget that a homeowners’ association doesn’t only come with a club house and pool, but as well with lots of liability if the elected and appointed officials of the HOA act outside the law.

Watch out, there are many “trigger-happy” cowboys in your neighborhood whose actions could cost you your home and/or your life savings.

And in case you think that George Zimmerman is the only guy running around with a gun – you are utterly mistaken. The tragedy of Trayvon Martin’s death should have taught other association officials some valuable lessons – like not pointing guns at visitors to the community.  But guess what: Even with the newspapers and TV stations reporting non-stop about the shooting in the Retreat at Twin Lakes HOA, another association official here in Central Florida – this time a board president -- draws his gun on visitors: Deputies: HOA president arrested for threatening men with gun
   

As long as you have wannabe cops patrolling your neighborhood, your wallet is very much in danger. Not because of thieves, but because of the actions of neighbors who SHOOT instead of WATCH!