Homeowners might be on hook in civil action in Trayvon Martin's death

[Baitball Blogger]

Anyone who has visited my website knows that my main issue is homeowner's rights. Not Association rights, but homeowner rights. So this new development is interesting because I have to agree with the assessment. Though I wonder if it was because of the liability issues that Zimmerman was originally described as a volunteer neighborhood watch captain?

Here's a clip of the article:

The people who could end up paying the financial price for the shooting death of Trayvon Martin are, ultimately, the homeowners of the Retreat at Twin Lakes development in Sanford, experts say.

If their crime-watch program captain George Zimmerman gets charged with and convicted of killing Trayvon, the community's homeowner association and property-management company will likely be sued by the victim's family regarding the way the watch program was established and operated, said Donna Berger, a lawyer who specializes in homeowner-association law.

"They may wind up getting sued and getting hit with hundreds of thousands of dollars in legal fees and damages," said Berger, who works with the South Florida law firm Katzman, Garfinkel and Berger. "Who will pay is every member of the association, and they will have to make special assessments. ... It's a cautionary tale for other associations."

Located about six miles west of historic downtown Sanford, the 6-year-old Retreat at Twin Lakes contains about 200 two-story town homes. Don O'Brien, president of the homeowner association's board, would not comment when contacted this week, and other members of the board did not return phone calls.

http://articles.orlandosentinel.com/2012-03-29/business/os-trayvon-martin-hoa-20120329_1_cyber-citizens-homeowner-crime-watch-members

[ejpoeta]

1. was he actually in the neighborhood watch or a captain?

I heard that at first but then heard he was not part of the neighborhood watch but just a person that went around calling the cops all the time. Wonder what will end up being the truth.

[no_hypocrisy]

2. The homeowners association may be liable because they *allowed* Zimmerman to come on their property

to patrol. If they didn't have him removed or didn't get an injunction to prevent him from patrolling their community, then they passively allowed him to act as their agent. And as the principal of Zimmerman's actions, if he's liable, so are they.

BTW, the homeowners association and its insurance carrier have a vested interested in George Zimmerman not being prosecuted or held liable for his acts.

[Baitball Blogger]

3. Good points.

It tells you a lot about the area that nobody thought to stop a volunteer who was packing.

[Boabab]

4. Yup, they'll be liable

The homeowners association has been running from connections with Zimmerman like an Olympic sprinter, but it won't help them. It appears that he wasn't part of any formal watch group, but that they were very aware of his activities, and condoned them by allowing the situation to continue.

[Zoeisright]

29. Good. I hope they all lose their homes.

And everything else they own.

[Ecumenist]

5. Yep. The second I heard that he was self appointed, packing and NOT REGISTERED WITH THE

NATIONAL NEIGHBORHOOD WATCH ASSOCIATION, I knew it was trouble for the HomeOwners. Ths saddest thing is that some owners had complained about GZ being overzealous and were either ignored or blown off.

[no_hypocrisy]

6. Their mistake was not having him arrested for trespassing or getting an injunction to prevent him

from "patrolling" their community. Or giving management hell if GZ wasn't stopped.

I think the homeowners community wanted it both ways with ambivalence with getting free "security" without risk of liability. It doesn't work that way.

[Ecumenist]

7. Yep, they know now.

[snagglepuss]

14. I was under the impression he himself lives in that nieghborhood. Am I wrong?

[alcibiades_mystery]

9. They actively voted for him at a community meeting

There was nothing passive about it.

[malaise]

15. And those 40+ calls to the police suggest

he was definitely allowed to 'patrol'.

[alcibiades_mystery]

8. Yes, they voted him the supervisor of the neighborhood watch in a meeting

It was a unanimous vote among those who attended.

The Neighborhood Watch at Retreat at Twin Lakes, where Zimmerman lived and was chosen as coordinator by his neighbors, was formed in September, Dorival said. It is not registered with the national group, but there is no registration requirement. The Sanford Police Department provides training and community signs, and informs residents about crime trends and prevention.

http://www.chicagotribune.com/news/os-trayvon-martin-neighborhood-watch-20120321,0,177284,full.story

[ejpoeta]

13. thanks. i wish the MSM who call themselves journalists

would look this stuff up. I have been hearing he was not officially anything. sounds like CYA time.

[Catherina]

23. Thank you! n/t

[Hassin Bin Sober]

25. Wow. Their goose is cooked.

[tigereon]

10. odd support for trayvon

I am shocked and appalled! This hoodies for Trayvon has gotten out of hand. I am starting to think that some people don’t even understand what the hoodies symbolize. The right is trying to demonize Trayvon and portray him as a thug, the left is trying to portray him as a saint who never did anything wrong. And a whole different group of people are just…..well, confused, because this is the oddest group of people who I never would have suspected to wear a hoodie (WARNING, if you don’t have a sense of humor please don’t look)

http://thetop10.squarespace.com/hoodies-for-trayvon/

[arthritisR_US]

11. I can see his parents suing Zimmerman 's

family but not the homeowners association. I only say that because one of the owners is Martins girlfriend and it would be like suing himself, in essence. If they broke up then that changes everything, IMO.

[no_hypocrisy]

12. Nope. Homeowners would be liable.

Zimmerman's family (if not homeowners themselves) have no standing to be sued unless it's something to do with interfering with a criminal investigation.

[arthritisR_US]

18. Well unless he breaks up with his girlfriend

I can't see him suing them.

[Baitball Blogger]

20. They lost their son.

If a lawyer takes their case pro bono, he may want to get the highest settlement. And if his law firm sees the precedent setting potential, they will go after the HOA to make sure this kind of thing doesn't happen again, or doesn't happen too easily.

[arthritisR_US]

22. I am aware of that but love does complicate

matters, jmo.

[lonestarnot]

16. Home owners associations for the most part suck ass so I say have at 'em.

[Baitball Blogger]

19. Check out my website.

No one will agree with you more. Except I've read our documents. They were brilliantly written. It was just unfortunate that a core group of people decided to play a la carte with the Association's resources. Once you go down that route, that's how you end up with an Association that sucks ass.

[cpamomfromtexas]

17. The HOA will have insurance and will be liable

[onethatcares]

21. once the wrongful death civil suit is filed,

those houses/homes will not be able to be sold to anyone, no one will want to buy into a special assessment like that.

what would that work out to fee wise? let's say a 10 million dollar judgement divided among 200 homeowners, on top of the current maintenance fees.

[joeybee12]

27. They have to liability insurance I would think...

Of course, then they'd have to sue the insurance company because they'll argue the policy doesn't cover this.

[onethatcares]

28. edzachery, the insurance company will

tell them that the use of untrained vigilantes riding around in SUVs is not covered under section 22x943-8;c----seucs, article 79809-3, paragraph 32987479.000, verse 6.

Those homes will then go into foreclosure and more people will be homeless.

All because of some shitheads racist attitude.

Peace.

[EmeraldCityGrl]

24. Zimmerman was a renter in that development

so a lawsuit wouldn't affect him in the least.

[joeybee12]

26. Especially if there were complaints about Zimmerman and the HOA ignored them...

I saw an article where people had complained to the HOA about Zimmerman, and if this is true and they ignored this and let him continue as a wtach volunteer, then they are liable up the kazoo.