Criminal conduct of a third person is ordinarily a superseding cause not reasonably foreseeable by a homeowner association board. However, when a homeowner association board has notice of previous conduct of a criminal nature by third persons on or near the property, the 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 board has notice. The 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 board is not negligent.

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