Indemnity Provisions can leave Associations holding the bag for someone else’s wrongdoing!

A recent Broward County negligent security lawsuit filed on August 31st raises issues about who should pay the consequences when a security breach results in a resident’s death. In this case, a community with an entrance feature protected by a 24-hour guard and security cameras became vulnerable to entry when a perimeter fence was not properly maintained. An intruder with a decade-long rap sheet entered the upscale Davie community and fatally stabbed a resident. The multimillion dollar lawsuit was filed against the community’s management company and security company but not the association. The initial reaction from the volunteer board of directors may have been relief to not have been named in the lawsuit until someone reminded them that they likely agreed to broadly indemnify both the management company and the security company in their contracts.  Read the article………………..


Related Articles

Illinois Supreme Court Agrees to Decide Whether Third Party Buyer is Liable for Delinquent Assessments to Mortgagee’s Subsidiary

According to Section 9(g)(4) of the Illinois Condominium Property Act, any purchaser of a condominium unit who acquires a property

Perspectives from a property manager regarding developer turnover

As a property manager one of the biggest challenges in maintaining a community after developer turnover is identifying sources for

BC Court Imposes $16.8 Million Levy on Condo Owners to Remediate Water Leak Damage

The British Columbia Supreme Court has ordered a Vancouver strata corporation to impose a $16.8 million special levy against the