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………………..