Florida is known for its diverse wildlife, from alligators and snakes to bears and coyotes. For residents living in communities governed by homeowners’ associations (HOAs), interactions with local wildlife can be quite common. Take for example, the local community of Nocatee, located in St. Johns County. During an average stroll, you might encounter an alligator swimming in a local pond, wild deer grazing near a wood line preserve or even a venomous snake curled outside your doorway. But what happens when an individual is harmed by wildlife within an HOA community? Can the HOA, and by extension its homeowners, be held liable for injuries caused by wild animals?
Florida Law on Landowner Liability for Wildlife
In Florida, landowners, including HOAs, generally do not have a duty to protect individuals from harm caused by wild animals unless certain exceptions apply. This is because, historically, native animals, who were living in their natural environment, were legally considered “Ferae naturae,” meaning wild by nature and, therefore, a landowner generally was not responsible for that wild nature of a native creature. Like many aspects of premises liability, the crux of the analysis turns on the owner’s control. Courts have long held that property owners are not required to anticipate or guard against harm from animals ferae naturae, unless they have taken steps to introduce, harbor, or control such wildlife. This principle was reinforced in Hanrahan v. Hometown America, LLC, 90 So.3d 915 (Fla. 4th DCA 2012), where the court found that a property owner could not be held liable for injuries caused by indigenous wild animals unless they created or exacerbated the danger. In Hanrahan, a man succumbed to his injuries after he was bit repeatedly on his face and neck by multiple fire ants in his community after taking his dog for a walk. The court’s rationale was based primarily on the fact that the “presence of the fire ants was not caused by any act of appellees to bring them onto the property. Appellees did not harbor, introduce, or reduce the fire ants to possession. Further, appellees regularly attempted, by maintenance staff or exterminators, to treat ant mounds or any other manifestations of fire ants.” Id. at 918.
However, liability may arise if the HOA has knowledge of a dangerous wildlife condition and fails to act. If an American alligator, for example, is routinely seen near a community’s lake where residents frequently walk, and the HOA fails to warn residents or take reasonable steps to mitigate the risk, liability could potentially be imposed. Recall in 2021, where Disney reportedly paid a large settlement with a family whose 2-year-old child was attacked and killed by an alligator while playing near a body of water at a theme park resort. Although not governed by an HOA, this incredibly tragic case exposed a landowner’s liability when dealing with the conduct of wild animals. Since then, Disney and state officials have reportedly removed and euthanized hundreds of alligators on its property. See https://www.cbsnews.com/miami/news/250-gators-removed-walt-disney-world-boy-attacked/. However, places for the public are legally distinct from private property and common property owned by an HOA.
In 2012, for instance, the Georgia Supreme Court absolved an HOA of liability for a fatal alligator attack in a golf course community just south of Savannah, but only after two lower courts found—at least in part—that liability could exist against the homeowners’ association. There, the elderly woman was killed while walking near to a lagoon in the evening and evidence was presented to demonstrate that she had been previously aware of alligators on the property. Keep in mind, as a practical matter, this resolution only came after years of litigation, two lower courts disagreeing, and a dissenting opinion even at the Supreme Court. Even in success, this association presumptively incurred significant expense.
As an aside, Florida has an increasing diverse invasive species problem. According to the Florida Fish and Wildlife Conservation Commission, an invasive species is a nonnative plant or animal that negatively impacts natural fish and wildlife. These include the famous Burmese python, wild/feral pigs, iguanas, several types of monitor lizard, and even monkeys—yes, monkeys. These are nonnative species, which could complicate the legal analysis further as to potential liability for injuries for a landowner. If invasive species are known to reside within your local community, additional consideration should be given by the HOA as to identifying and proactively minimizing the risks posed by these unnatural invaders.
When Can an HOA Be Held Liable?
Ordinarily, the legal duty imposed upon an HOA is one of ‘ordinary’ care, which means—like all parts of your common property—reasonable actions should be taken to inspect the property to ensure it is reasonably safe for your members and owners. Ignorance or indifference to the condition of the property, and its wildlife—native or nonnative—is not a good strategy. While the general rule favors limited liability, exceptions exist. Florida courts have found liability under the following circumstances:
- Artificial Conditions Attracting Wildlife – If an HOA installs or maintains features that attract dangerous wildlife, such as feeding stations, it could be argued that the HOA has increased the risk of harm. In June 2015, Fla. Stat. 379.412 became effective which penalizes an individual for feeding, attracting or enticing, or allowing the placement of food or garbage near wildlife or freshwater fish. Additionally, the court in Wamser v. City of St. Petersburg, 339 So.2d 244 (Fla. 2d DCA 1976), which involved a shark attack at a public beach, noted that public landowners may be liable for wildlife-related injuries when they have created or contributed to an unusual risk.
- Failure to Act Despite Known Risks – If an HOA becomes aware of recurring wildlife dangers and fails to act, liability is more likely to follow. For example, if a community has repeated reports of aggressive alligator or wild boar, but the HOA does not post warnings or notify wildlife control, a subsequently injured plaintiff may have a stronger case for liability against the HOA.
- Neglected Maintenance of Common Areas – HOAs are responsible for maintaining common areas, generally by virtue of its governing documents. This often includes both the developed and unimproved areas of common property. If a pond, trail, or other communal space develops a known wildlife hazard and the HOA neglects to address it, this may be used as evidence of negligence. However, failing to inspect all aspects of your common property, including unimproved areas, might also be used as a basis for negligence in a case involving a wild animal injury.
What This Means for Homeowners
HOA’s should educate their owners on the dangers of local wildlife and consider investment in wildlife management, including the retention of licensed wildlife trappers. This includes proactive considerations for both protecting and managing the wildlife living within their unimproved and improved common areas. Being oblivious to the risks associated with Florida’s natural treasures could result in civil liability. Even where liability is successfully disputed, lawsuits arising from personal injuries against HOAs are expensive and time-consuming.
HOAs are often covered by general liability insurance policies that may or may not cover wildlife-related incidents. If you are unsure about your coverage, discuss these risks with your property management team and insurance agents. Even without legal liability, the financial burden may fall on the entire community, impacting all residents.
Steps HOAs and Homeowners Can Take to Minimize Risk
To limit liability and ensure safety, HOAs should consider:
- Posting Warning Signs – Clear signage around lakes, ponds, or wooded areas warning of wildlife presence can help mitigate risk.
- Regular Wildlife Inspections – Conducting periodic inspections and working with wildlife experts can help address potential hazards.
- Resident Education – Informing homeowners about wildlife risks and proper precautions can reduce the likelihood of incidents.
- Prompt Action on Reports – If residents report sightings of dangerous wildlife, HOAs should document complaints and respond appropriately.
- Review your HOA governing documents—Your HOA governing documents define the relationship, responsibilities, and obligations between the HOA and its members and guests. Review, and if necessary amend, your HOA governing documents so as to address wildlife management, warnings, limitations of liability, rules for homeowners, and indemnification, where possible.
- Consult Legal Counsel—Having retained legal counsel available to address questions concerning all aspects of potential risk exposure is always advisable.
Conclusion
While Florida law provides some meaningful protections for HOAs against wildlife-related liability, exceptions do exist. Homeowners should remain aware of their HOA’s policies on wildlife management, as inaction or negligence on the part of an HOA could lead to liability that impacts the entire community. Taking proactive measures can help prevent tragic incidents and reduce the risk of costly litigation.
If you have concerns about wildlife risks in your community, consulting with an experienced legal professional can provide clarity on your rights and responsibilities.