IS YOUR HOME SAFE AND SECURE?

By Lauren S. Josephson

Residents living in sunny Southwest Florida tend to be lackadaisical when it comes to ensuring their homes security. Those who reside within a homeowners or condominium association tend to think even less about the safety and security of their home, mistakably relying exclusively on the association or the association’s Board of Directors, to keep their home safe from any and all harm or loss. Although an association may be bound to provide certain safety and security measures, whether under Florida Statute or the association’s governing documents (e.g., Declaration, Bylaws, Articles of Incorporation and Rules and Regulations), said safety and security measures are not a guarantee in the prevention of all loss and/or harm to a resident’s home. Consequently, residents should provide for their own security by taking precautionary measures into their own hands through purchasing comprehensive and adequate insurance, obtaining a security system for their home, and following safe practices. The following is a non-exclusive guideline of safety and security measures every resident should consider implementing:
. Lock all sliding glass doors whether you are in the home or not.

Burglary by way of entry through an unlocked sliding glass door has been on the rise-especially for those homes on a golf course. Many of these occurrences took place while the residents were home and in broad daylight.
. Place wooden dowels, pipes, or other substitutes in the tracks of all sliding doors and windows so as to limit movement. This will make it more difficult for a burglar to tilt the doors or windows and enter your home or place of business.

If you reside within an association, check your association’s governing documents in order to determine whether your sliding doors are the owner’s responsibility or the association’s. If the latter, placing any materials in the tracks of the doors may be considered an improvement and thus may be restricted or may require Board approval.
. Place highly visible decals near all likely points of entry; and, place a highly visible security alarm sign in the front of your home or business to inform would-be burglars that the property is protected by a security alarm systems. Consider placing a security alarm sign in the back yard as an added deterrent.

Under Florida law, the placement of security system signs is permissible; however, the association may limit the number of signs that may be erected upon a resident’s yard and the association may place reasonable restrictions as to the size of the security alarm yard sign.

. Keep ladders and tools out of view so that burglars cannot use them as to make an easier entry for themselves.
. Instead of placing an extra entry key under a door mat, on a ledge, under a rock, inside an exterior covered electrical box or fire extinguisher, or any other common location (even temporarily), consider wrapping an extra entry key in aluminum foil and then bury it deep enough so that the summer rain will not cause the key to be displaced. Although this suggested systems is not safe proof, it adds an extra layer of security as it is not a common practice to bury one’s key; and, if a burglar were to locate a buried key, lurking around and digging holes around the yard arguably would cause neighbors or other passer-byers to be suspicious enough to report the irregular activity to the relevant authorities.
. If someone comes to your front door asking to use the phone to call the police or anyone else and you elect to assist, keep the door locked and make the call yourself.
. Never leave notes for family members, friends or service providers on your front door or any other visible location, which may indicate that you are away from the residence.
. Never leave your garage door open. Garages generally make good hiding places for criminals.
. When you return home, have your keys in hand prepared for immediate entry.

When you know you will be away from home:
1. Always arrange to have newspapers and mail removed from your driveway when you know you will be away from the residence for more than 36-hours. Burglars often select homes where there is an accumulation of newspapers at the end of a home’s drive or mail by the front door.

2. Make your home appear lived in by installing a series of timers that will automatically turn on and off exterior and interior lights, televisions and other electronic equipment.

3. Create the impression that someone is home by parking a vehicle on the driveway when you know you will be away for more than a couple of days.

4. If you are going to be away for a long period of time, adjust your telephone ring to its lowest volume. An unanswered phone is a clear signal that your home is empty. Also, never record a message on your home telephone’s answering machine indicating where you are or when you expect to return.
. Professional burglars often check local newspapers on a monthly basis for wedding and funeral announcements in order to determine which homes may be vacant. A simple search of the internet will yield information such as property addresses and if you are on social media, it can lead the burglar to a direct family/friend related tree of homes that may be available. Consider taking extra precautionary steps if you or your family make such an announcement.
. When engaging service providers to provide a service within the home by way of an agency, insist that the agency complete a criminal background check of your perspective employee or independent contractor.

Report any suspicious activity to the local authorities; and kindly remember to report any known criminal activity to the Board of Directors in writing as soon as possible.

Sources
Chulak, Michael T., Homeowner Association Security, HOA Questions and Answers, Michael T. Chulak & Associates, located at: MTCLaw.com (Site last visited on: October 20, 2016).

Lauren S. Josephson
Lauren Josephson’s practice focuses on civil litigation, business litigation, commercial litigation, construction litigation, and community association law. Mrs. Josephson is licensed to practice law in the State of Florida.

Salvatori, Wood, Buckel, Carmichael & Lottes
239.552.4100
www.swbcl.com

This Article does not constitute legal advice and may not be relied upon as such.  Each individual’s facts and circumstances are different. If you have any questions regarding your particular situation, please consult with legal counsel.