Homeowners Association could be sued in the Trayvon Martin case.
May 8, 2012 Leave a comment

By: Michael Ashley
Timothy Cline Insurance Agency, Inc.
In yet another instance of real-life insurance repercussions ripped from today’s headlines, the homeowners association of the neighborhood where Trayvon Martin’s tragic shooting happened could be sued.
The reason: George Zimmerman’s [the neighborhood watcher who allegedly shot Martin] could be found not guilty by a judge or jury due to Florida’s so-called Stand Your Ground Law. (*See below for an explanation of this law.)
Zimmerman’s clearance and/or acquittal wouldn’t necessarily stop Martin’s parents from suing The Retreat at Twin Lakes HOA who authorized the neighborhood watch. After all, the HOA’s insurance policies and assets make it a more lucrative target than Zimmerman, even if he is found guilty of a crime.
According to legal experts, Exhibit A could very well likely be the association newsletter sent to residents in February, the same month as the shooting occurred. Under the heading Neighborhood Watch, the newsletter recommended that residents first call the police and then “Please contact our Captain George Zimmerman… so he can be aware and help address the issue with other residents.”
By designating Zimmerman the neighborhood watch captain in writing through the newsletter, the HOA may have opened itself up to liability claims since a court could interpret that Zimmerman was acting as a “rented” or “volunteer” police officer for the neighborhood, especially since his actions in that capacity resulted in the death of another human being.
However, even if the association were to be sued in connection to the killing it could ultimately be dismissed from any action and/or not found liable, especially since there is evidence that the HOA reached out to the local sheriff’s office to set up the local neighborhood watch and relied on their experience and expertise.

Whichever way this potential lawsuit shakes out could have a serious impact on the nature of volunteerism, which is at the heart of many healthy and properly managed homeowners associations throughout the country.
If there is anything that we in the HOA community can take from this tragedy, it’s the hope that future associations heed the message that voluntary prudence is crucial for our communities. Each association has an obligation to take pronounced steps to ensure that they have the right volunteers and oversight in place. And it’s important that those volunteers are very keenly aware of their limitations, obligations, and the potential liability they incur simply by donating their time and efforts for the benefit of their community.
The benefits of volunteering are great, as are the consequences should something go wrong.
*HOW FLORIDA LAW IMPACTED THIS CASE:
1) Stand Your Ground Law Definition*: A stand-your-ground law states that a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first.
*Laws and their application of this doctrine vary by state
2) 2011 Florida Stand Your Ground Law Statutes: CHAPTER 776 JUSTIFIABLE USE OF FORCE. Use of force in defense of person.
776.012—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.
However, a person is justified in the use of deadly force and does not have a duty to retreat if:
He or she reasonably believes that such force is necessary to prevent
(1) imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
Reference: Timothy Cline Insurance Agency, Inc. Newsletter (April 2012)
