Prestige Security Solutions

In South Africa, gated complexes and sectional title schemes are often marketed as “safe havens,” with features such as high walls, electric fencing, access control, CCTV, and even on-site guards. While these measures create a sense of safety, they are not guarantees against crime.

The question many residents ask after a burglary or security incident is:
Can I hold my Homeowners’ Association (HOA) or Body Corporate responsible for my losses?

1. Legal Duties Under the Sectional Titles Schemes Management Act (STSMA)

The STSMA, No. 8 of 2011 outlines the Body Corporate’s responsibilities:

• Section 3(1)(l): Ensure compliance with laws relating to the common property.
• Section 3(1)(q): Take all steps reasonably necessary for the control, management and administration of the common property.

This includes maintaining security infrastructure — electric fences, access control gates, cameras — in a reasonable state of repair and functionality.

HOAs, though governed by constitutions rather than the STSMA, generally have the same duty of care regarding communal security.

2. Not Automatic Insurers of Property

Even if the HOA or Body Corporate fulfills these obligations, they are not insurers of owners’ or tenants’ belongings.

• Criminals may still breach fences, manipulate access systems, or collude with insiders.
• As news reports confirm, many crimes in complexes are inside jobs involving residents, contractors, or staff.
• Courts have held that HOAs and Bodies Corporate are not automatically liable for crime unless gross negligence can be proven.

This means residents must maintain their own household contents insurance to protect against theft and damage.

3. When Could Liability Arise?

A resident might succeed with a claim if they can prove that:

• The Body Corporate failed to repair or maintain a reported security fault within a reasonable time frame.
• That failure directly enabled the criminals’ entry.
• Reasonable preventative steps were ignored.

Whether or not liability exists is always a matter for the courts. Evidence such as maintenance logs, repair timelines, and resident reports will be decisive.

4. False Sense of Security

One of the greatest risks in complexes is complacency:

• Residents assume “the fence and cameras will keep us safe.”
• Valuables are left in cars, gardens, or visible through windows.
• Entry doors are not locked or alarm systems are not used because residents “trust the estate.”

But high walls, guards, and electric fences cannot prevent all crime. Criminal syndicates and opportunistic burglars know how to exploit weaknesses.

5. What Residents and Tenants Can Do

• Don’t leave valuables in vehicles or gardens.
• Keep doors and windows locked, even at home.
• Install extra internal protection (alarms, beams, locks).
• Report faults to trustees or managing agents in writing.
• Support community vigilance groups or WhatsApp alerts.

6. Where Prestige Access & Security Solutions Fits In

The best defence for HOAs, Bodies Corporate, and residents is reliable, well-maintained security infrastructure. This is where Prestige comes in:

• Electric Fencing: Professionally installed and maintained to SANS standards, reducing downtime and liability risk.
• CCTV & AI Surveillance: Full-colour and AI-powered systems that provide both deterrence and evidence if breaches occur.
• Access Control & Intercoms: Modern biometric, GSM, or cellphone-based systems prevent unauthorised entry and provide traceable access logs.
• Gate & Garage Automation: Load-shedding-ready, with anti-theft brackets and smooth daily operation.
• Alarm Systems: Wired and wireless with mobile app integration, perimeter beams, and 24/7 monitoring compatibility.

By partnering with Prestige, HOAs and Bodies Corporate can demonstrate that they are meeting their statutory duty of care, reducing the risk of liability, while residents gain the benefit of systems that actually work when needed.

7. Conclusion

Residents and tenants cannot usually hold their HOA or Body Corporate responsible for crime-related losses, unless negligence in maintaining security can be proven in court.

However, the risk of liability and the safety of residents both improve when tested, reliable, and properly maintained systems are in place. That is exactly what Prestige Access & Security Solutions provides — helping complexes reduce risk, reassure residents, and protect property.