The death of unarmed black teenager Trayvon Martin is having an effect on just about every aspect of life in the US these days. While millions have called for his killer, George Zimmerman, to be put on trial there may be repercussions felt in your neighborhood even if he isn't.
The shooting has captured America's attention and even if Zimmerman is not charged with or convicted of Martin's death in a criminal trial, Zimmerman's homeowners association (HOA) could be vulnerable to a civil suit from Martin's family. That threat is leading to HOA's across the country changing their rules, their membership and even shutting down operations.
The HOA could be in trouble because it assigned Zimmerman the role of community watchman on the night of February 26 when he followed, shot and killed Martin. Even if Florida's "stand-your-ground" law keeps Zimmerman from trial in a criminal court, he and his HOA likely won't escape a civil suit for negligence. Zimmerman will face a grand jury on April 12.
If Zimmerman was named watch captain, there are questions about the HOA exercising due diligence in preparing Zimmerman for his role as a community representative and questions about whether or not he was fit for the role given his reported arrests for violent behavior in the past. As most neighborhood watch and HOA organizations don't perform full-scale background checks before appointing members to serve in leadership functions, this could become a serious problem.
Background checks can be costly (costing more than $50 in many states) and could prevent HOAs and neighborhood watch groups from forming or continuing their functions. If the Martin family sues and wins a settlement from the HOA and/or neighborhood watch group in Sanford, Fl., where their son was killed, it could have a chilling effect on the future of similar organizations across the country.
"The death of Trayvon Martin, a 17-year-old high school student in Sanford, Fla., is a vivid reminder that neighborhood watch programs, even with the best intentions, can trigger tragic results for families, residents and entire communities," says Thomas M. Skiba, CAE, chief executive officer of Community Associations Institute (CAI).
"We know neighborhood watch programs can reduce crime and ease the fears of residents, but they also pose major risks when appropriate procedures aren't followed. It's essential that those who organize and lead watch programs work with local law enforcement authorities to ensure that all volunteers understand and accept the extent and limitations of their responsibilities," said Skiba.
Skiba urges all community associations, even if they aren't managed by the association, to review procedures and to do everything possible to prevent confrontations that should be handled by police.
For communities considering neighborhood watch programs, Skiba offers the following advice:
- Contact the local police department for start-up support, guidance and training. Volunteers who skip this critical step can find themselves on the wrong side of the law—or worse.
- Seek the advice of an attorney with expertise in community association law.
- Create processes for recruiting only responsible volunteers who will follow all procedures.
- Develop methods, such as websites and e-mail, to keep volunteers and residents informed.
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