Addressing Safety Concerns in the Community: Keeping Common Areas Safe and Secure

Safety is a top priority for homeowners associations (HOAs), as a secure environment contributes to a higher quality of life and peace of mind for residents. Common areas—such as clubhouses, parks, playgrounds, and pools—are valuable amenities but can also be vulnerable to accidents, vandalism, or even crime. Arizona courts have gone so far as to hold that an HOA should be held to the same standard of care as a landlord and have found that, with respect to the common areas, the HOA’s duties to keep the common areas safe not only extended to the owners but also to those who are on the land with consent of the owners and their tenants. See Martinez v. Woodmar IV Condominiums Homeowner’s Association, Inc., 189 Ariz. 206 (1997). Accordingly, HOAs should take care in observing their duty to maintain the safety of common areas, looking not only at the physical conditions on the land, but also to foreseeable and preventable dangerous activity on the common area. Here are some key strategies for keeping common areas safe and secure:

• Structural Integrity: Check playground equipment, benches, handrails, and walkways for any signs of wear, damage, or instability.  Routine inspections of common areas are crucial for identifying potential safety hazards and addressing them promptly. HOAs should schedule regular walkthroughs with board members, property managers, or maintenance staff to evaluate the safety of all common spaces.
• Lighting: Well-lit areas discourage criminal activity and improve visibility for residents using common spaces at night. Ensure that all pathways, parking areas, and entry points are well-lit and that broken lights are replaced promptly.

Effective lighting is often a simple and effective way to improve safety in common areas. Proper illumination helps residents navigate common areas safely and can deter criminal activity. Consider focusing on the following areas:

Pathways and Walkways: Install pathway lighting along sidewalks, especially in areas with heavy foot traffic.

Entrances and Exits: Ensure that entrances and exits to community facilities and parking lots are well-lit, as these areas are particularly vulnerable.

Recreational Spaces: Lighting around recreational areas such as pools, parks, and clubhouses improves visibility and helps create a safer environment for nighttime use.

In addition to increasing safety, proper lighting can enhance the aesthetic appeal of the community, creating an inviting atmosphere for residents.

• Trip Hazards: Look for uneven surfaces, cracks in sidewalks, loose tiles, or poorly maintained landscaping that could create tripping hazards.
• Landscape Maintenance: Landscaping plays a surprisingly significant role in community safety. Well-maintained landscaping not only improves curb appeal but can also prevent opportunities for crime. Overgrown shrubs, trees, and foliage can create hiding spots, obstruct visibility, and reduce the effectiveness of surveillance and lighting.

Trim Trees and Shrubs: Keep plants trimmed and ensure they don’t obstruct walkways or line of sight, especially near entrances and pathways.

Avoid Dense Planting Near Windows and Doors: Keep landscaping clear near entry points, so residents and surveillance cameras have an unobstructed view of these areas.

Proper landscaping can make common areas safer while enhancing the community’s overall look and feel.

• Signage: Post clear signage indicating rules for safe use of common areas, such as pool hours, parking restrictions, and emergency contact information.
• Surveillance: Surveillance cameras can provide a layer of protection by deterring trespassers, vandalism, and theft. Installing surveillance systems in strategic locations—such as entrances, parking lots, and around high-traffic common areas—allows the HOA to monitor activity and document incidents if they occur. However, we highly suggest consulting with your HOA’s legal counsel before installing surveillance equipment to ensure that your HOA has implemented retention policies for the recordings and evaluated appropriate signage.

Many HOAs also employ a professional security company to manage the surveillance system, respond to incidents, and assist with monitoring. This investment can enhance security and allow the board to focus on other community needs.

• Community Watch Programs: A community watch program is an effective way to involve residents in neighborhood safety. Community watch programs empower residents to be vigilant, report suspicious activity, and promote a sense of collective responsibility for safety. Local law enforcement agencies often offer free resources and training for neighborhood watch programs.

• Encourage Communication: Establish a communication system, such as an email list or messaging app, for residents to share safety concerns, report incidents, and stay informed about any issues affecting the community.
• Promote Visibility: Encourage residents to spend time in common areas and look out for one another. Criminals are less likely to target communities with active, visible members.
• Access Control Measures: Controlling access to common areas is a practical way to prevent unauthorized individuals from entering the community and using shared facilities. HOAs have several options for access control:

Keycards or Fobs: Many HOAs use keycards or fobs to control access to areas like pools, clubhouses, and gyms. This technology allows the HOA to restrict entry to residents only, ensuring that amenities are used only by those who pay for them.

Gates and Fences: Gates and fences around common areas create a physical barrier, deterring intruders and protecting residents. Consider installing security gates at key entry points and locking gates around specific facilities.

Visitor Passes: For gated communities, visitor passes or guest registration can provide a way to monitor non-resident activity without inconveniencing residents.

• Implement Rules for Safe Use of Amenities: Posting and enforcing rules for safe use of common amenities, such as pools, playgrounds, and gyms, is essential for preventing accidents. Rules can help establish expectations, discourage unsafe behaviors, and limit the HOA’s liability. Encourage residents to familiarize themselves with the rules and reinforce the importance of following safety guidelines to protect themselves and others.

Ensuring that common areas are safe and secure is essential for any HOA. By conducting regular inspections and implementing effective tools for monitoring common areas, HOAs can create a safer environment that benefits all residents. 

If your community has any questions regarding these materials, please reach out to the firm for assistance. Call us toll free at (800) 743-9324 or email moc.w1760212658albdh1760212658c@ofn1760212658i1760212658.

The information contained in this article is not intended to be legal advice and is provided for educational purposes only.