SANFORD, Fla. — 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, say specialists who deal with homeowners associations.
If George Zimmerman, their crime watch program captain, is charged with and convicted of killing Martin, the community's association and property management company probably will be sued by the victim's family over the way the program was established and operated, said Donna Berger, a lawyer who specializes in homeowners association law.
"They may wind up getting sued and getting hit with hundreds of thousands of dollars in legal fees and damages," Berger said. "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."
Even if Zimmerman is never charged, the association could be sued. But the plaintiffs' case would be easier if he were convicted.
Located about six miles west of historic downtown Sanford, the 6-year-old Retreat at Twin Lakes includes about 200 two-story town homes. Don O'Brien, president of the homeowners association board, would not comment when contacted last week. Other members of the board did not return phone calls.
Leland Management is the community's property manager. No one from that company returned phone calls from the Orlando Sentinel. The company describes itself as a "proactive management firm with the objective of providing a safe, positive environment for all residents," and says it "believes in fostering community spirit and responsible resident behavior."
Zimmerman shot the unarmed black teen Feb. 26, sparking controversy and inciting protests across the country. He said he fired in self-defense, and he has not been arrested or charged.
Zimmerman was the point person for the subdivision's neighborhood watch program. The September edition of the community's newsletter stated: "To receive Neighborhood Watch updates, safety tips and be noticed [sic] of any suspicious activity within your community, call George Zimmerman." It included his phone number, which has since been disconnected.
It is unclear how much the community's watch program worked with Sanford police. The department's crime prevention specialist, Wendy Dorival, did not return calls.
Jan Bergemann of
DeBary, Fla., who operates a homeowners association watchdog group called Cyber Citizens for Justice, said the Retreat at Twin Lakes association should have set rules that warned crime watch members against arming themselves when doing anything that might be considered the business of the watch program.
"They should have issued proper guidelines that disallowed members from running around with guns," Bergemann said. ".... If the Martin family brings a wrongful-death lawsuit, more or less I think the association will be on the hook."
Legal judgments and settlements against an association's board members and directors are usually covered by an errors-and-omissions insurance policy, but the community's crime watch program would not be covered because it's considered more of a neighborhood committee, Bergemann said.
In the past, associations facing legal damages have tried to file for bankruptcy, but judges have not looked favorably on such a strategy, Bergemann said. Also, judges have considered the homes in a community as collateral to cover such damages, he said.
In 2006, the state's 3rd District Court of Appeal held the homeowner association for a South Florida community, Lago Grande, partially responsible in a wrongful-death case; property owners there were assessed about $2,000 each to pay the legal judgment. Even though the facts differed from those of the Martin case, it illustrated how homeowners can be forced to pay for civil judgments imposed on their association.
"This is what I'm always trying to say — being a member of an association is nice when it comes to having a pool and clubhouse, but you buy into all of the association's liabilities too," Bergemann said.