KEN KIRSCHENBAUM, ESQ
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Level of security needed for condos and apartments

September 9,  2021
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Level of security needed for condos and apartments
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          As security professionals you are often called upon the make recommendations to your customers and potential customers about their security needs.  All types of premises have common security considerations and the larger the building or complex of buildings the more complex the security issues.  To make the issue of security more complex add to the mix that the customer is not only the property owner responsible for him or itself, but responsible for others.  Landlords are a great example; they have special duties owed to their tenants to keep premises safe from illegal activity and danger.  Condo boards are similarly tasked.  They have a duty owed to their tenants or fellow unit owners to keep the premises safe.
          They turn to you, the security expert to advise them.  It doesn’t take long for the conversation to turn to the customer’s budget which often constrains the scope of the security.  Too often budget does not coincide with the duty owed.  The concept of “duty” is a very complex legal issue.  In the alarm industry your “duty” runs to your customer and that duty is defined by the contract, or it should be.  While the contract scope of work is certainly limited by the customer’s budget it should nevertheless address and meet the building owner’s duty to the building occupants.
          This topic came to mind when I read the article below by Michael Gerard, a security expert.  Here’s his article.
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What is the standard of care for security at condominium and apartment complexes?
            Security is a method of protecting people and property from criminal acts through the use of procedural, physical or technical resources.  What then is the accepted legal duty of a landowner or management company when it comes to security at managed multi-unit residential facilities? At minimum, they are to provide reasonable precautions or security measures for tenants, guests, and employees. This principle is widely accepted.
            It is well established in the security field that managed residential properties can be an attractive target for violent crime and property crime. These crimes range from security threats to people (assaults), threats to property (burglaries), and also life-safety threats, such as slip and falls. Much of a security expert’s forensic casework involves injuries and fatalities that have occurred from acts of violence at multi-unit residential properties. The specific incident locations vary from internal hallways to parking lots, recreation areas, fitness centers, and within a resident’s apartment.
            Security programs for multi-residential and apartment buildings involve physical security measures, policies, rules, and regulations, designed to prevent unauthorized persons from entering, unauthorized removal of property, and general crime, violence, or disruptive behavior. When an incident has occurred, the adequacy of security should be addressed on a case by case basis, by evaluating criteria to determine if security was reasonable. These criteria include:

·        Foreseeability or likelihood of crime occurring

 

·        Likelihood that security measures will prevent crime

 

·        The measures in place at the time of the incident


            One method used to establish whether the owner met the standard of care is to determine if the crime was foreseeable, and if reasonable security measures would have been provided for the protection of residents and guests. A premises security expert can conduct an analysis of whether the crime was reasonably foreseeable. Crime foreseeability is determined by evaluating the type of facility, crime demographics, and location.

Michael Gerard
Police Practices & Premises Security Expert
Michael Gerard is a police practices and premises security expert with over 26 years of law enforcement and security experience. As an expert witness, Mike applies his expertise to forensic casework involving the policies, procedures, and incident-specific actions of law enforcement and security personnel and agencies.
Mike’s expertise covers a broad base of police and security practices, including patrol, investigations, and traffic operations. He also has specialized expertise in other aspects of law enforcement that are commonly disputed in litigation, such as use of force investigations and policies; the use of Tasers and less-lethal weapons; police pursuits; and special event planning. As a result of his experience in the Great Lakes Region, Mike also has unique qualifications pertaining to the lawful operation of boats and personal watercraft.
Mike’s training and professional career in law enforcement began in 1992 and he retired as Police Lieutenant in 2018. Throughout that time, he served as Marine Unit Deputy, Patrol Watch Commander, Traffic Sergeant, Emergency Services Supervisor, Patrol Officer and Detective. Mike spent over 10 years working with commercial, corporate, retail, lodging and education partners in developing appropriate security protocol that included emergency planning procedures. He also conducted training for fortune 500 companies, colleges, and both public and private schools on the issues of workplace violence and active shooter. Mike has conducted security and traffic planning for large scale events such as dignitary visits, including two former presidents; high profile celebrities; and concerts at both indoor and outdoor venues.
Mike holds a Bachelor of Science in Law Enforcement Administration from Western Illinois University and he is a graduate of the Northwestern University School of Police Staff and Command. He has obtained certifications from the Force Science Institute, Taser International and Federal Emergency Management Agency (FEMA).
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com