February 2017

SIDEWALK DANGERS: Why Managers Must Clean Up Fast

By María Elena Solís, CMCA, AMS, CAS Lemus Construction, Inc.

I t’s the dead of winter when the sky gets dark before 6 p.m. and wind chills cause people to tremble uncon- trollably. Making matters worse, snow is falling, and it doesn’t have an endpoint in mind. Thinking ahead can help you and your short-term future. Being proactive is important, not only for residents in their daily lives but also the managers that look after them and have their well-being in mind. However, sometimes observing a weather report is only helpful to a certain degree. If a foot and a half of snow are set to fall in one’s neighborhood, the best course of action is to stay vigilant and understand how to address the concern. Recent incidents, including one that led to a particular court case in New Jersey, can better prepare managers

law and related provisions of the Condominium Act and Planned Real Estate Development Full Disclosure Act. Still, it’s a ‘heads up’ to apartment and condo managers to better take care of the property in terrible weather. If the temperature drops to a certain degree, snow can freeze and then it becomes like an ice skating rink on walkways and sidewalks. Snow is usually not as feared as much as ice, just due to unpredictability because you don’t know where the slick spots are on an icy path. Going back to the court case, Cuiyan Qian sued Villas at Cranbury Brook Homeowners Association because of a slip and fall that was attributed to slippery sidewalks on the property. The case was then thrown out due to tort liability, or the fact that the sidewalks were deemed public and associations are not liable for such injuries. But the state Supreme Court reversed the lower court’s decision, saying the Villas — in their

for the perils of not being pre- pared. In the recent New Jersey Supreme Court case Qian v. Toll Brothers in August 2015, the court ruled that an association is not immune from liabil- ity for personal injuries

own business governing documents — had a duty to upkeep the sidewalks for residents. Also, the Villas collected money from residents as a means of taking care of the elements and the grounds. And even with no ease- ment to protect the prop- CONTINUES ON PAGE 30

sustained on a sidewalk which is privately owned by the community associ- ation.” The ruling, how- ever, was pretty con- sistent with common

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