When HOAs Ignore Safety Hazards: Fiduciary Duty, Liability, and How Homeowners Can Protect Themselves
- Lisa Williams
- Feb 7
- 3 min read
Homeowners and condo owners across Florida are increasingly finding themselves in a frustrating and dangerous position: known safety hazards are reported repeatedly, yet nothing is done. Cracked walkways, slippery pavement, blocked access paths, flooding, poor lighting, and other conditions remain unresolved for months—or even years.
When residents speak up, they are often met with silence, defensiveness, or worse: being told they are “assuming the risk” or being talked down to at board meetings.
This is not just poor management. In many cases, it is a breach of fiduciary duty.
The Legal Duty HOAs and Condos Owe Homeowners
In Florida, condominium and homeowners’ associations have a legal duty to maintain common elements in a reasonably safe condition. This duty applies to:
Walkways and pedestrian paths
Pavement and parking areas
Access routes to common areas
Areas affected by landscaping or contractor work
Once an association is put on notice—through emails, reports, photos, or repeated complaints—the hazard is no longer “unknown.” At that point, the board and management have a legal obligation to act within a reasonable time.
Ignoring known hazards does not make them disappear. It transfers risk directly onto the association.
"Assumption of Risk” Is Often Misused
Some boards or managers attempt to shield themselves by claiming that residents “assume the risk” of walking through unsafe areas. This argument frequently fails under Florida law, especially when:
The hazardous area is not a designated walking path
Safe walkways previously existed and were removed or damaged
Residents have no reasonable alternative to access common areas
The community is a 55+ or senior community
Homeowners are not willingly accepting risk when they are compelled to endure unsafe conditions due to the association's failure to repair or restore adequate access. HOA safety hazards fiduciary duty.
How Deferred Maintenance Turns Into Legal and Financial Exposure HOA safety hazards fiduciary duty
When hazards are ignored after repeated notice, the association’s exposure grows exponentially:
Slip-and-fall injuries become foreseeable
Negligence claims become stronger
Insurance carriers may deny coverage or reserve rights
Premiums can increase sharply—or coverage may be dropped entirely
When insurance does not fully respond, the costs often shift to homeowners through special assessments.
This is where homeowners get hurt twice: once by unsafe conditions, and again financially.
Special Assessments: Avoidable vs. Unavoidable
Florida law recognizes a critical distinction:
Unavoidable assessments: hurricanes, sudden failures, latent defects
Avoidable assessments: deferred maintenance, ignored hazards, known defects
If an injury, claim, or insurance loss results from hazards that were reported repeatedly and ignored, future special assessments become legally questionable. Homeowners may later challenge being charged for losses caused by mismanagement or breach of fiduciary duty.
Documented complaints matter.
Fiduciary Duty Means More Than Holding Meetings
HOA and condo board members owe homeowners a fiduciary duty. This includes:
Acting in good faith
Prioritizing safety over cosmetic projects
Addressing known hazards before discretionary upgrades
Listening to homeowners instead of dismissing them
Yelling at homeowners during board meetings, minimizing safety concerns, or retaliating against residents who raise issues only worsens the association’s legal position.
Boards are not insulated simply because they are volunteer positions.
Why Documentation Is the Homeowner’s Best Protection
One of the most common mistakes homeowners make is assuming that verbal complaints are enough. They are not.
Written documentation:
Establishes notice
Eliminates “we didn’t know” defenses
Preserves objections to future special assessments
Protects homeowners from assumption-of-risk arguments
Creates a clear record for attorneys, insurers, or regulators
How Safe Home Management Documents Safety Issues and Maintenance Concerns Outside Your Home
At Safe Home Management, we don’t just check doors and thermostats. We document safety conditions.
Our reports help:
Identify slip, trip, and fall hazards
Record blocked or damaged walkways
Capture flooding, cracking, and deterioration
Create time-stamped, written evidence
This documentation is critical for:
Homeowner safety
HOA accountability
Insurance protection
Preventing future disputes and assessments
When issues are documented properly, homeowners are no longer relying on memory or verbal claims—they have facts.
The Bottom Line
When HOAs and condos ignore known hazards, they don’t just put residents at risk—they expose the entire community to legal, financial, and insurance consequences.
Homeowners who document issues, insist on repairs, and protect themselves are not being difficult. They are doing exactly what the law expects.
Safe Home Management helps ensure those concerns are documented—for your safety, your property, and your peace of mind.
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