Condo Media - June 2022 - 40

The Region NEW HAMPSHIRE
Security and
Safety
Notwithstanding the obvious faces
of security (e.g., fire alarms, emergency
plans, first aid kits), the issues of safety
and security can relate to the legal affairs
of an association as well. I will review
below some legal tips and recommendations
for association boards to take into
consideration.
1
Research security equipment.
Of course, the obvious goal here
is to purchase quality equipment.
From a legal perspective, however,
there are additional details. If your
association plans to add an alarm,
security cameras, or the like, be mindful
that your documents may require a
community vote either to approve the
expenditure or to approve an improvement.
Further, be aware of local laws.
For example, while video can be captured,
some states prohibit recording
of audio without the consent of persons
being recorded.
40 CONDOMEDIA June 2022
2
A Legal Perspective
[By Gary M. Daddario, Esq., CCAL]
Exercise caution when approving
unit owner equipment.
High-tech gadgetry remains all
the rage and some devices (e.g., video
doorbells) can be viewed as a safety measure.
At most associations, owners will
need board approval to install such devices
because they will be on the outside
of the building. While it is understandable
that any board may want to be quick
about approving a " safety " or " security "
device, boards should be sure to protect
the association's best interest (which is
the fiduciary obligation of board members).
I recommend issuing approvals
contingent upon the signing of appropriate
agreements that contain provisions
designed to protect the association. For
example, I include provisions requiring:
a) proper installation; b) the area be
returned to its original condition if the
device is removed; c) the unit owner be
responsible for any damages to common
areas; d) indemnity for the association if,
for example, the owner breaks the law
or commits a tort in the use of the new
equipment (e.g. recording audio in
violation of law); and e) several other
terms, sometimes case specific, needed to
ensure that the association does not bear
a burden or expense as a result of approving
the unit owner's request.
3
Enforce your governing documents.
At first blush, it might not
be apparent how engaging with
rule breakers is a safety issue. But, due
to the nature of condominium living, the
violations of one owner can seriously
impact the lives of others. I was involved
in a hoarding case that resulted in the local
municipality's threat to condemn the
entire building (which would have denied
everyone the ability to live in their unit).
Another case involved violations that an
engineer determined resulted in a threat
to the structural integrity of the building.
Other situations that start simple (for example,
an argumentative unit owner) can
become quite complex and dangerous
(for example, a unit owner who engages
in physical assaults against neighbors).
Depending on the specifics of a case,
in addition to being a board member's
fiduciary duty, the proper enforcement of
the association's rules may prevent a situation
from turning dangerous and may
prevent one unit owner from causing
harm to another or to many others.
Condo Media - June 2022

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