Legal Question in Personal Injury in Florida

Directors and Officers Liability

I am on the Board of Trustees of my Property Owners

Association. We are a Florida Corporation. We own two

properties. One is an ocean front ''park.'' The other is

a riverside ''park.'' Both are in the community and only

members of the Association are allowed to use the

parks. However, because the parks are not fenced or

gated, they are easily accessed by numerous

trespassers on a daily basis. We have $1 million in D

& O insurance and another $1 million in liability on

the Association members. The Board has recently voted

to install fences at the parks to deter trespassers.

Many members are opposed to the fence for various

reasons. Does not putting up a fence bode unfavorably

for us should a trespasser get injured in our parks?

Am I personally liable for damages above & beyond the

D & O insurance? Do you recommend that I resign from

the Board of Trustees if the community refuses to act

prudently and secure the parks? Please advise as many

members are saying there is no reason to be concerned

about liability i


Asked on 1/11/01, 10:56 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Directors and Officers Liability

This is not a matter to take lightly but your description of the parks and their location and usage is deficient in detail. I suggest that you or your board consult with the attorneys for the condo association who speciailize in these matters. Ask for a written opinion. If not a fence you might consider a sign such as "Private Property-Members Only-Keep Out." Your liability insurance company should also be consulted. They may have some good suggestions and have the property inspected by a safety engineer to prevent accidents or injury to members or trespassers.

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Answered on 1/29/01, 8:04 am


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