Wildlife Education to Reduce Potential Liability
Property owners can be held liable for not using reasonable care to discover dangerous conditions and to protect their guests from those conditions. Thus, not warning tenants, guests, or vacation renters about known bear activity and risks could potentially have very costly implications should an injury occur.
A homeowners’ association (HOA) can have a similar liability as to properties under its control. Without appropriate education or policies, HOAs could be held liable for a wildlife attack. And if the HOA liability insurance policy has exclusions from coverage or caps on claims for wildlife attacks, homeowners can be responsible for making up the difference. That means a lawsuit could result in special assessments being levied on residents by the HOA to cover the additional costs – similar to those levied to pay for extensive hurricane recovery. An HOA and its property management company reached a $5 million settlement in a 2018 court case involving a severe injury caused by native wildlife. Residents not being sufficiently warned about specific risks posed by wildlife on HOA property was a key factor in the decision.
Educate Yourself and Your Community
Given that people have been injured by bears in Florida, it may be a good time to review policies for your HOA, business, or school and put educational programs and BearWise practices in place for both public safety and the wellbeing of bears – as well as the fiscal bottom line. If you’d like to have the FWC present to your community about living BearWise, contact BearEvents@MyFWC.com. You can also ask about their educational mobile billboard to raise awareness. The mobile billboard can be part of your education plan where available. FWC does not charge for these services. Learn more about being a BearWise community.
The Law of the Land
Some communities have adopted ordinances to protect each other and native wildlife. Below is a sample from Seminole County in Florida as well as an alternate version with suggested language prepared by the Conservancy of Southwest Florida.
Seminole County Ordinance | Ordinance with Suggested Modifications
Property owners can be held liable for not using reasonable care to discover dangerous conditions and to protect their guests from those conditions. Thus, not warning tenants, guests, or vacation renters about known bear activity and risks could potentially have very costly implications should an injury occur.
A homeowners’ association (HOA) can have a similar liability as to properties under its control. Without appropriate education or policies, HOAs could be held liable for a wildlife attack. And if the HOA liability insurance policy has exclusions from coverage or caps on claims for wildlife attacks, homeowners can be responsible for making up the difference. That means a lawsuit could result in special assessments being levied on residents by the HOA to cover the additional costs – similar to those levied to pay for extensive hurricane recovery. An HOA and its property management company reached a $5 million settlement in a 2018 court case involving a severe injury caused by native wildlife. Residents not being sufficiently warned about specific risks posed by wildlife on HOA property was a key factor in the decision.
Educate Yourself and Your Community
Given that people have been injured by bears in Florida, it may be a good time to review policies for your HOA, business, or school and put educational programs and BearWise practices in place for both public safety and the wellbeing of bears – as well as the fiscal bottom line. If you’d like to have the FWC present to your community about living BearWise, contact BearEvents@MyFWC.com. You can also ask about their educational mobile billboard to raise awareness. The mobile billboard can be part of your education plan where available. FWC does not charge for these services. Learn more about being a BearWise community.
The Law of the Land
Some communities have adopted ordinances to protect each other and native wildlife. Below is a sample from Seminole County in Florida as well as an alternate version with suggested language prepared by the Conservancy of Southwest Florida.
Seminole County Ordinance | Ordinance with Suggested Modifications
Practical Resources to Help Your HOA
|
ARTICLE: Minimizing Bear Incidents in Residential Subdivisions
HOA BEARWISE COMMUNITY POLICY: Sample | Alternate Sample 
FLORIDA BAR JOURNAL ARTICLE:
Lions, Tigers, and Bears, Oh My! Owner and HOA Liability for Wild Animal Attacks |
POWERPOINT: Download
Share the BearWise information with HOA board and residents. 
|
Mobile Billboards for Community Awareness
Photo: © FWC
|
Photo: © Naples Zoo
|
Top Aerial Photo: D Ramey Logan | Delray Beach Florida 900 block Seagate photo D Ramey Logan alt.jpg from Wikimedia Commons. License: Creative Commons Attribution-ShareAlike 4.0
