FLNA Summer 2012

Summer 2012

Neighborhood Watch:Doing It Right

Visiting The English Countryside:The Cotswolds Experience

Security RequiresTeamwork

Special iSSue

Safety&

Security

2 Summer 2012 |FLNA Magazine|

|FLNA Magazine| Summer 2012 3

Recent news events have brought to the forefront the need for Neighborhood Associa-tions to carefully assess their security policies and procedures. We have received many calls from Association leaders who are concerned about what security can be provided, how it can be provided and, if something goes wrong, how to mitigate the financial liability of their members. In response, we have put together this special Safety & Security issue and asked our experts to weigh in on the subject. Based on your feedback, we will expand on this coverage in future issues.

Speaking of feedback, many of our readers have provided us comments on how we could improve the magazine and, as a result, we begin our new look with this issue. The content hasn’t changed, but our presentation has. We’ve dropped the newsprint for a glossy, easier-to-read page and have tried to make the content more readable with photos and other illustrations. We hope you like it.

FLNA and FLNA Magazine are dedicated to creating the means for an open dialogue and a learning experience for all the Associations and Individuals who participate. We encourage you to communicate with us and our fellow readers. Send letters to our editor at [email protected] or just drop me a line at [email protected]. Drop Tony a note on places you find interesting at [email protected]. You can also visit us on our website at www.FLNA.org and learn more about the activities and services we offer. You can also call us or write to us at the phone number and address listed on this page.

Become part of FLNA and participate in our activities.

A meSSAge From The PreSidenT

PubliSher & PreSidenTJoseph boyle

direcTor, member relATionSJ. Andrew boyle

FeATureS ediTorTony consalvi

PhoTogrAPherJim bongiovanni

grAPhic deSignerSSuzanne Summa

Stephanie rodriguez

A SPeciAl iSSueAnd A neW looK

Summer 2012FLNA Magazine is published by the Florida League of Neighborhood Associations, Inc.

FlnA magazine157 Monterey Way • Royal Palm Beach, FL 33411

Phone (561 758-1618 • Fax (561) 258-0689 • www.FLNA.org

FLNA Magazine is published six times a year. Copyright 2012. All rights reserved by Florida League of Neighborhood Associations Inc. Contents may not be reproduced in any form without the written consent of the publisher. The publisher reserves the right to refuse advertising. The publisher accepts no responsibility for advertisement errors beyond the cost of the portion of the advertisement occupied by the error within the advertisement itself. The publisher accepts no responsibility for submitted ma-terials. All submitted materials are subject to editing.

ON ThE COVER - Sandhill Crane

phoTo BY JIm BoNgIovANNI

Joseph boyle, President


any Neighborhood Associ-ations are required to pro-vide security to their mem-

bers—a daunting task. To be effective, an Association’s security program must bring together the capabilities of local law enforcement, residential security system technology (normally provided by security system monitor-ing companies) and on-site security officers, either armed or unarmed (this is normally outsourced), in such a way as to meet the specific needs and requirements of the community. Furthermore, the governing board has the fiduciary responsibility to do so in a cost-effective manner.

In order to meet these require-ments, the polo Club of Boca Raton brought together its security resourc-es, the palm Beach County Sheriff’s office, its security system monitor-ing company (Devcon Security) and its security officer services (g4S); and, by following a special provision in palm Beach County’s ordinance 2008-038 known as “pSAS,” private Security Alarm Systems, implement-ed a system that not only protects its common areas but also provides for heightened individual resident

Security Requires TeamworkHow One Association Brings It All Together

security, and does so with improved response time and lower cost.

Polo Club’s ParticipationAt polo Club, there are 1,700 indi-

vidually owned residences ranging in value from $200,000 to more than $3 million, plus significant common areas and buildings. Each residence owns its individual security system, which is monitored by Devcon Se-curity and on-site security officers through Devcon’s Dual monitoring program on a computer that resides in the gatehouse. With this program, officers see an alarm in the commu-nity simultaneously with Devcon’s monitoring center, resulting in a fast-er, more informed response. In addi-tion to monitoring, Devcon provides service for the security systems in the community as part of their agree-ment. Leveraging its community buy-ing power, i.e. its economies of scale, through a Bulk monitoring and Ser-vice Agreement, the polo Club has achieved a significant savings over the cost of individual home security system monitoring. The savings from these lower costs are passed along in lower assessments to each homeown-

er; they realize even further savings with the elimination of the individual home permit requirements and the risk of false alarm penalties.

The polo Club Security program begins with its current 24/7 common area security officer program, includ-ing gate security and mobile patrol throughout the community provided by g4S, and 24/7 electronic security system monitoring provided by Dev-con Security. on top of this, it adds another feature that makes it compli-ant with the pBSo ordinance, Devcon Security’s “Dual monitoring” program. As a result, the system provides all the personal support expected from indi-vidual home security systems while simultaneously reporting alarm ac-tivity to the on-site security officers who are, in turn, able to respond with greater efficiency and speed to the in-dividual residence than could be ex-

L-R: Janett McMillan of Devcon Security, RonMartin of the Polo Club and Lt. Robert Tallmanof G4S Security.

m


Palm Beach County Ordinance 2008-038 was born out of the county’s frustration with the proliferation of false alarms caused by “negligence, improper use, malfunction or poor design and improper use of alarm systems rather than criminal activity,” to which the Sheriff’s Office must respond in force. Rather than just being punitive (besides a permit fee, there are penalties for repeated false alarms), the ordinance en-courages residents to implement systems that mitigate this potential. A special provision, PSAS, encourages communities with 24/7 private security to implement internal screening and first response rather than tie up law enforcement. In so doing, there is no individual home permit fee and the risk of false alarm penalties is reduced significantly.

In 2011 alone, the Palm Beach County’s Sheriff’s Office responded to more than 32,400 false alarms that were received from resident alarm systems. Currently, nine communities within Palm Beach County contain-ing more than 5,000 residences have been approved for the PSAS exemption, freeing up officers and other resources for actual law-enforcement requirements.

pected from simply sole reliance on local law enforcement. on-site EmS, where every minute is precious, is an ancillary benefit.

Since its inception at polo Club, the pSAS program has been received with great enthusiasm by the mem-bers of the community. We spoke with one resident who told us that knowing that the monitoring of her security system was handled in a way

where she did not need to be afraid of false alarms and fines was very meaningful to her. one of the attrac-tions of her community was that the Association was providing a high lev-el of security to the residents and at a reduced cost, giving her the most im-portant benefit, the “peace of mind” that comes from living confidently in her community.

In the final analysis, a win-win sce-

nario has been achieved because the Neighborhood Association’s govern-ing board became a catalyst for bring-ing the different disciplines together. Now, pBSo can spend more of its re-sources on identifiable criminal activ-ity and the Neighborhood Association membership of the polo Club of Boca Raton gets improved security, lower cost and, most importantly, “peace of mind.” Way to go! ■

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NeIGHBORHOOD WATCHA Non-Confrontational Approach To Security

iven the recent national attention to the term “Neighborhood Watch,” many Neighborhood Associations have been struggling to understand their role when such a program has been implement-

ed or is being considered for their community. While such programs have proven to be an effective deterrent to criminal activity, the Association must always be cognizant of the potential liability facing the Association and its members for such a program’s activities. When an Association’s governing documents require that the Association provide certain levels of security, it is usually easier to hire licensed and insured third parties to meet this obli-gation. When individual residents or groups of residents, sometimes under the auspices of the Association, are utilized, these individuals as well as the Association might be treading on very thin ice.

Keep It SeparateAssociations are not licensed security

companies, and their officers and mem-bers have neither the expertise, since they are normally run by volunteers, nor the time to become their own security force. If not specifically required to provide neighborhood security under its govern-ing documents, the only security obliga-tion of an Association is the protection of the common areas and assets. other than that, the Association should steer clear of organizing or sponsoring any formal effort; however, this does not mean the Associa-tion Board cannot or should not encour-age or at least facilitate the implementa-tion of a Neighborhood Watch program by residents.

What Is Neighborhood Watch?Since ancient times, people who live to-

gether have banded together for security.

They have taken turns looking out for dan-ger and developed warning systems, from horns to large bells to sirens, for alerting each other. out of these efforts came the public safety organizations, the police, the firemen, even the militia, as the complex-ity of the situation warranted. Therefore, Neighborhood Watch, the simplest and old-est form of neighbors helping neighbors, has been used and proven effective for mil-lenniums and can be readily adapted, even in our technology-driven world.

Neighborhood Watch is a network of neighbors, trained by crime prevention officers in home security, as well as recog-nition and identification of suspicious per-sons and/or activity. It can be as simple as one neighbor keeping an eye on the oth-er’s home when that person is at work or on vacation, or one neighbor, while taking her evening walk, noticing if someone or something is out of place. The important

“We all have a personal part to play regarding

crime prevention.

A large share of the responsibility of reducing

criminal opportunity

lies with you.”ric brAdShAW, SheriFFPAlm beAch counTy

reSPonSibiliTieS oF A neighborhood WATch member

• Be alert!• Know your neighbors and watch out for each other• Observe. Do not intervene or confront• Report suspicious activities and crimes to the Sheriff’s Office• Get involved

g



KindS oF AcTiViTieS To be AWAre oF

• Someone screaming or shouting for help• Someone looking in windows of houses and parked vehicles• Property being removed from houses where no one is at home• Vehicles moving slowly through the neighborhood• People sitting in parked vehicles near or at residences

eXAmPleS oF When To cAll 911

• When you see smoke or fire• When you think someone’s life and/or property is in immediate danger• When a crime is being committed• When rescue or emergency assistance is needed• When you are not sure, call and let trained personnel decide the appropriate response

point, as pointed out by the sheriff’s office, is that: “Neighborhood Watch is an observe and report type of pro-gram. Neighborhood Watch mem-bers are encouraged NOT to stop and question people, but to observe and report their observations to the Sher-iff’s office, and a trained officer will respond and investigate.”

Neighborhood Watch does not provide any license to anyone to act as a law-enforcement officer. The only weapon a watch member needs is a telephone to call and report.

An effective Neighborhood Watch program, independent of the confines of an Association’s rules and regula-tions, will not only deter criminal ac-

tivity but contribute to the establish-ment and maintenance of a spirit of community, something that so often falls by the wayside in our electronic, multitasking world. We encourage all communities to work with their lo-cal law-enforcement organization to better protect their families and their property. ■

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he engagement of a security guard service can be one of the most important deci-

sions made by a Neighborhood As-sociation’s Board of Directors. They must address the security require-ments to be provided as set forth in the governing documents and any other requirements approved by the Board and/or membership. The lia-bility of the Association, especially if some or all of the guards are armed, should be reviewed with the Associa-tion’s attorney and insurance agent. Resident input should also be sought. Furthermore, the cost of the service is usually a significant portion of the annual budget and may require that the Association comply with the competitive bidding requirements of the Florida Statutes.

The essential steps in evaluating security guard service proposals are essentially the same as would be em-ployed in any major vendor evalua-tion:

1. A sound “Statement of Work”2. A reasonable checking of refer-

ences, and3. An interview with the vendor’s

management team.

Statement OfWork (SOW)

The Board should decide upon the SoW prior to issuing a Request for proposal. Besides assuring that all proposals will have a basis for con-sistency, the formulation of the SoW assures that the Board is securing the

services required in the governing documents.

Types of Service: most security guard companies provide different levels of service adaptable to an As-sociation’s needs. The Board should determine the types of service it requires and the associated hours. It should also consider other opera-tional questions concerning facility and equipment requirements, such as a guardhouse, entrance control, vehicles and technology.

Guard Service Employees: The bidder should be able to provide its internal qualification standards for the individual officers and their su-pervisors. It should describe its poli-cies for background checks used in vetting its employees who will be servicing the Association, including drug and psychological testing.

Operational Controls: The bid-der should provide a summary of its policies and procedures for pro-viding the service and its proposed status reporting processes to its own management as well as the Associa-tion.

Insurance: The bidder should provide proof of liability insurance for its actions under the contract.

Checking ReferencesThe Board should check refer-

ences provided by the bidder, espe-cially those from other Associations that utilize their service. They should also seek third-party information not provided by the bidder, such as from

Choosing YourSecurity Guard Service

Careful evaluation Up FrontWill Avoid Problems Later

the Better Business Bureau and po-lice incident reports where available. The Board should also request and review loss run reports from the bid-der’s insurer.

Interview The Management Team

While it stands to reason that the bidder’s performance will require a courteous and professional interface with the community, it is also impor-tant that the bidder be able to work with the Board and in most cases its management company.

The daily working relationship is critical since the security company will be a significant part of the man-agement team of the Association. All parties should be included in the in-terview process, and an evaluation of their compatibility should be part of the decision-making process. ■

Lynn M. Smith is president and CeO of Security Providers of Flor-ida, a company that has been securing properties in Palm Beach and Broward counties for more than five years. She is a Florida native with numerous years of experience in the secu-rity field and customer service industry.

by lynn m. Smith

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When Associations Provide Security, Address Legal Risks

The question of whether an asso-ciation is required to provide security, and to what degree, is different for each association and is best addressed through a review of the association’s governing documents as well as the improvements at the property.

Indications of a security obligation may be evidenced by a gated entry, doorman, cameras, community patrols and other options to safeguard either persons or property. The question ex-ists, however, with the assumption of such responsibility, the extent of the duty and the liability which may ema-nate as a consequence. An argument could be made that when an associa-tion provides security amenities, any deficiency in the security system may be viewed as negligent on the part of

the association, exposing the associa-tion to any number of claims. As such, an association that appears to provide security should, minimally, inform its membership as to the limitation of such security and the necessity for the owners themselves to take appro-priate and necessary measures to pro-tect themselves and the property. The association may also consider request-ing that owners immediately call the appropriate authorities if any security issue arises. Whether such disclaimers will adequately protect an association, or its board, may not be answered in general terms.

Security Committees — In situa-tions where the association creates a security committee, the security com-mittee should be fully warned as to

Randall K. Roger is the managing partner of Randall K. Roger & Associates, P.A., a firm servicing community associations throughout Southeast Florida.

QUeSTIONA current hot topic is the role of an association in providing security. When is my association required to provide security? When it does, what kinds of legal risks need to be ad-dressed?


the exposure to which the members put themselves personally and the association in its intended purpose. members of the association, tenants, their guests, contractors servicing the association or owners suffering an in-jury or loss may look to the associa-tion, its board or committee members, for recompense for the injury or loss sustained, arguing that the association, board or committee knew or should have known of a dangerous condi-tion and that the failure to safeguard against same caused or contributed to the injury or loss.

Using Technology — oftentimes, a means best designed to safeguard the development from criminal activ-ity involves installation of improve-ments, free from human presence and problems that can emanate therefrom. By way of example and not limitation, enhanced lighting and surveillance equipment may serve as a deterrent to

individuals wishing to secure improp-er access to the property. Through such means, a non-confrontational deterrent would avoid any issues of challenge to entry admission or the presence of a party. Again, as above detailed, the membership should be informed that such equipment is de-signed to reduce risk to persons or property but is, by no means, foolproof or a safeguard against a threat to per-sons or property, and that individuals must take appropriate measures to protect their person and property.

The Human Element — Where the association utilizes individuals to monitor admission or patrol the prop-erty, the human element offers op-portunity for failure. Where a security guard allows access to an unauthor-ized individual or a security patrol confronts a party, such events may lead to an altercation and, with the introduction of such human variable,

may be subject to scrutiny by a trier of fact. For example, the association could potentially expose itself to a claim of negligent hiring or retention of such security personnel whose ac-tions, or failure to act, contributed to the complained damage or loss.

Don’t Do It Alone! — The decision to provide security, and the means in which such security is furnished, is a concern that should be carefully con-sidered and scrutinized by the board, with the assistance of qualified pro-fessionals, so as to provide adequate protection with full membership dis-closure and to minimize risk to the membership, the association and its board. ■This commentary is provided to offer general information and a general understanding of the law and is not intended to con-vey any specific legal advice. No attorney-client relationship is existent as a consequence of the aforestated, and the use of such commentary is not intended as a substitute for competent legal advice from a licensed professional attorney familiar with the issues presented. It is necessary that you consult with a licensed attorney in the State of Florida before taking any further action related to security issues as above described.


FlnA FeATure

NOT ON THE GRAND TOURThe Cotswolds: A Once-in-a-Lifetime

experience, each Time You Visitot so long ago, my wife and I were finishing up a few weeks’ holiday in Britain

and, having a few days to spare before flying home, decided to “pop over” to the Cotswolds, that unique little cor-ner of English countryside that time seems to have only brushed by.

We pulled into the town of Chip-ping Campden, which, like most Cotswold towns, contained a few nice restaurants and a bevy of B&Bs, and selected The Dragon house. There was no sign, just a row of storefronts and a wooden door, but hidden behind that door was a little alley, a house with flowers on every sill, a legendary English garden and the owners greeting us with a glass of sherry.

on a whirlwind tour, you jump out of your bus, or run out of your hotel, and head for the tourist land-marks, hoping to beat the crowds and mark off your bucket list. Not in the Cotswolds, where towns have few or no “must-see” spots. It is the ambiance of the town itself that is the experi-

ence. We began the afternoon recon-noitering along high Street, the main street since medieval times, reading the tourist information sign at the old wool market and peeking into an old bookshop, an antiquary (nothing ad-equate to fit into our small suitcases) and an obligatory souvenir stand. We stopped in a tea shop, a habit you quickly acquire in England, and then checked out a small green grocer to pick up a little snack for nibbling on with a glass of wine back in the gar-den.

It was dusk when we left our lit-tle hideaway and headed around the corner to The Eight Bells, one of the oldest restaurants in the Cotswolds, passing on our way St. James’ Church, from which we could hear the voices of the choir leading Evensong. We sat down at an old wooden table and or-dered a carafe of the local wine. part of the wood floor had been removed and was covered by a large glass pan-el, revealing a priest’s hole, an old hid-ing place for some churchman who might have found himself on the

wrong side during the Reformation. Since we were in the Cotswolds, we ordered lamb.

The highlight of any visit to the Cotswolds is a day hike. villages are not that far apart, usually only a few kilometers, separated by small woods, open fields and pastures. Leaving high Street, we walked along a side road, passing some local tennis courts and a warning of swift justice for incon-siderate dog owners posted on a red public garbage can. We pushed open a fence and went up a small wood-ed path that we would later find out had been used at least as far back as Roman times, wading through waves of yellow flowers as we marched on across rolling hills and open fields. Behind us, the town quickly slipped away until only St. James’ spire could be seen rising up out of the trees, while ahead of us, behind small flocks of grazing sheep, thatch-covered cot-tages dotted the countryside, waiting to be lit by Thomas Kinkade. In less than an hour, we were strolling into the town of Broad Campden, passing

St. James Church,Chipping Campden, Cotswolds

by Tony consalvi


N


down little alleys protected by “kiss-ing gates,” those ingenious marvels that allow people to pass, but not animals, until we arrived at the local pub, The Bakers Arms, where we re-freshed and moved on. We walked for another hour before turning ‘round and heading back to the pub to taste the local ale and sample the home-made shepherd’s pie. The owner laughed when we told him how we had crossed an open field and, after hopping the fence on the other side, discovered there had been a warning sign that there was a bull in the field. he told us there was no bull, but the sign seemed to work better than one that just said to keep out.

We returned to the “The Dragon” and met the couple who were stay-ing in the other room and who had just come back from their short day trip to oxford and were soon joined in the small common room by our hosts, who put out some local sheep’s cheese and uncorked a bottle of clar-et. Later on, the four of us decided to splurge at The Kings Inn, the major restaurant in town, where we sam-pled differently prepared game fowl, including duck, pigeon and quail. Af-terward, we retired to the antique sit-ting room for a glass of port.

The Cotswolds is one of those places that always provide a unique, one-time special experience for each visitor. The weather, the season, the people, the food, just the hues and colors of the main street at sunset, will never come together just that way again. That does not mean the traveler ought never to return. on the contrary, do return, but not to repeat – do so as if it were your first time. Let the Cotswolds lead the way. ■(Right, top to bottom) A thatch-covered Cotswold cottage, Dragon House Gardens (inset Kissing Gate) and Bakers Arms Pub.



discourage armed personnel and re-quire members to summon police upon finding anything suspicious, the Association’s liability is usually very limited.

The key is the relationship of the neighborhood watch program to the Association and whether it is covered by the Association’s general liability policy or whether the indi-viduals themselves need to be cov-ered under their own homeowner or other such personal-type liability policy.

This does not mean, however, that an Association cannot be sued indirectly. There is always a chance that anything connected to the hoA, whether broad or specific, can lead to legal action. ■

any acts of “negligence” that might occur.

It is important to emphasize that an act of “negligence” is not neces-sarily intentional. In terms of an As-sociation, in fact, such an act typical-ly means that an accident or injury occurred on Association-maintained property. general liability insurance normally protects the Association in these cases, which ultimately mitigates the financial risk for every-one in the community. Associations should review and discuss their com-mercial general liability policy with a licensed insurance broker at least once a year. All policies are not equal, and different carriers may exclude as well as include certain coverages. It is important to not overlook this im-portant coverage.

This is a good example as to why Associations hire separate security companies. Typically, an outside se-curity firm will be mandated to carry its own insurance to cover its actions. In general, a person acting on behalf of the Association rather than a pri-vate security firm opens the Associa-tion to much more legal liability and exposure. Some larger associations sponsor or support neighborhood watch programs where members of the Association pay closer atten-tion to their surroundings to deter criminal acts. Since these programs

inSuring your ASSociATion by Victor Singh

Victor Singh migrated to Boston from Trini-dad in 1976, attended Wentworth Tech-nical Institute and Northeastern University and worked in the electrical engineering field for 15 years before starting his insur-ance career 22 years ago. He owned and operated an insurance agency in Brockton and Dorchester, Mass., and started Tradewinds Insurance Consultants LLC when he relocated to Florida.

What Do Associations Need To Know About General Liability?

The news coverage of the recent incident in Sanford, FL, has focused on the guilt or innocence of the ac-cused and whether the homeown-ers Association would or should be included in any legal action. These are good questions for the Associa-tion’s attorney. From an insurance protection perspective, we are not so much interested in the legal issues but, rather, in what costs to the Asso-ciation are covered under its general liability policy.

A recent Associated press article claimed that in the Sanford situa-tion, the Association newsletter in-structed residents to contact the accused in the event of a crime “so he can be aware and help address the issue with other residents,” and alleged that the accused was acting on behalf of the Association and not as an employee of or a contractor to a private security firm. As such, the Association could be open to much more liability and exposure.

The Association’s case may be helped if the accused had been re-quired to sign a release of liability agreement. If not and in the event the hoA is sued, a properly written gen-eral liability insurance policy would pay for the legal expenses and other costs (up to the specified limits) aris-ing from such a claim. Such a policy would protect the Association from

QUeSTIONI’ve heard a lot about general liability for Associations

in the news lately; can you explain?


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FLNA Summer 2012