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Criminal Acts of Third Persons
Criminal conduct of a third person is ordinarily a superseding cause not
reasonably foreseeable by a landlord or homeowner association board.
However, when a landlord or homeowner association board has notice of
previous conduct of a criminal nature by third persons on or near the
property, the landlord or board owes a duty to residents to take reasonable
action to protect the residents from reasonably foreseeable conduct of a
criminal nature by third persons in common areas, or to warn the residents
of particular dangers of which the landlord or board has notice. The
landlord's or board's failure to perform this duty is negligence. However,
if the action or inaction was what might be reasonably expected of a person
of ordinary prudence under similar circumstances who desired to comply with
the law, the landlord or board is not negligent.
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