Are Homeowners’ Associations Subject to Negligent Security in Kentucky?

When hearing mention of personal injury law, you might think of car crashes or workplace accidents. However, a 2024 survey revealed that about 20% of homeowners’ associations (HOAs) offer community security to residents in addition to amenities like landscaping and swimming pools. This raises the premises liability question, “Are homeowners’ associations subject to negligent security in Kentucky?”

No laws in the Bluegrass State specifically require HOAs to provide residents with guards or take other measures to protect them. However, residents could file claims against HOAs in certain instances.

Keep reading to learn more.

Homeowners’ Associations May Be Subjected to Negligent Security Claims

Homeowners’ associations in Kentucky don’t necessarily need to spend a ton of time and money beefing up their security to keep HOA residents safe, but they also can’t ignore issues and expose them to potential dangers. If they do, the answer to the question, “Are homeowners’ associations subject to negligent security in Kentucky?” is often “yes.”

Generally speaking, HOAs have a duty of care to maintain safety on their properties. Any breach of duty could lead to residents filing claims. If they can prove homeowners’ association liability for issues that result in economic and/or non-economic damages, they could collect financial damages and compensation in premises liability cases.

Here are just a few examples of when HOAs might be subjected to legal claims:

• They fail to provide adequate lighting in common areas, leading to residents becoming victims of burglaries, assaults, and other crimes.
• They install shoddy fencing around their properties, enabling anyone who wants to gain access to them to do so.
• They neglect to replace broken or malfunctioning cameras and fail to capture footage of crimes on their properties.

Proving These Claims Against Homeowners’ Associations Isn’t Easy

While the answer to the question, “Are homeowners’ associations subject to negligent security in Kentucky?” is “yes,” proving claims against HOAs is challenging. To win cases, plaintiffs must do more than highlight how HOAs created unsafe conditions by failing to implement the proper measures.

These plaintiffs must also prove that HOAs knew about issues and chose not to correct them.

Hiring the Right Premises Liability Lawyer To Handle a Claim Is Essential

If you plan to file a negligent security claim against a Kentucky HOA, you must hire the right lawyer. They should have extensive experience filing claims against HOAs.

A personal injury lawyer from Regard Law Group, PLLC, will evaluate your claim against an HOA and determine its viability.

Contact Us for More Information on Filing a Claim Against an HOA

Now we’ve answered the question, “Are homeowners’ associations subject to negligent security in Kentucky?” look into taking legal action against an HOA if you believe it was to blame for you suffering significant damages. Let Regard Law Group, PLLC, help. Call us at 859-281-1318 or complete this form to schedule a free consultation.

Negligent Security FAQs

Find answers to commonly asked questions below.

What Is Negligent Security?

Negligent security is a legal principle that holds property owners responsible for injuries that visitors sustain on their properties due to a lack of security measures. If plaintiffs file personal injury cases against them and prove negligence, they may be legally liable for visitors’ damages.

What Are Common Examples of Negligent Security?

Common examples of negligent security include inadequate lighting, broken locks, and cracked sidewalks. Other examples are non-functioning or missing cameras, broken-down fencing, and poorly maintained grounds.

What Makes Winning Negligent Security Cases Difficult?

Winning negligent security cases is difficult because plaintiffs must prove that defendants knew about ineffective measures on their properties and did nothing to fix them.