Reasonable Care

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Bike Accident
Facts

The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was installed just before the promenade they were riding along crossed a roadway.  Mr. Schnurr fell off his bicycle and fractured his neck.  He became a quadriplegic as a result of the accident.  At trial, several experts testified that the bollards were difficult to see because the Association had painted them beige, so they blended into the background. There were also no pavement markings to warn pedestrians on the promenade that they were approaching the bollards.  Mr. Schnurr and his wife sued the Association, which had a duty to maintain the promenade in its governing documents.  The Schnurrs did not sue Jonathan’s Landing, Inc., the developer of the community.
Continue Reading Condominium Association Liable for Construction Defect it Had a Duty to Maintain

Emotion Faces

Mental health issues can impact community associations in a myriad of ways.  Often Associations become the “reluctant care provider” (owners have no family/next of kin, or the family “dumped” the owner in the Association rather than in a care facility).  This can be true of older residents (“aging-in-place”) as well of younger residents.  The COVID pandemic, and the corresponding year of lockdowns, has added extra stress and increased isolation, exacerbating existing mental health conditions.  This has led to an increase of emotional distress, substance abuse, and suicides.

Because community associations are communities, issues that arise with one resident can interfere with another resident’s use and enjoyment of their property.  Mental health issues don’t always stay “contained” within the affected owner’s property – noise, shouting, threats, trespassing, damage to property, physical violence – all can interfere with other residents’ quiet enjoyment of their property.  While these issues can manifest themselves as harassment and hostilities, they can also lead to dangerous situations.  [To read more on dealing with harassment and hostile environment, click HERE.]

While it is not the Association’s responsibility to determine if someone has a mental disability, it is the Association’s responsibility to help ensure that all residents live harmoniously.  …
Continue Reading Tackling Mental Health and Aging Issues in Your Community Association

Slip & Fall

In a recent case out of North Carolina, Rash v. Waterway Landing Homeowners Association, Inc. 801 S.E.2d 375 (2017), a unit owner in a condominium complex sued the Association for negligence after she slipped and fell on a moldy wooden walkway in the complex after a night of rain.  The unit owner stated that she had no knowledge that it had rained or of the slippery condition of the walkway when it was wet.  She also admitted that she did not look down at the walkway as she was walking.  As the unit owner admitted that she did not look down at the walkway, the trial court found she did not exercise reasonable/ordinary care or a “common sense duty” and was contributory negligent, granting summary judgment in favor of the Association.

The appellate court reversed, ruling that there was a “genuine issue of material fact as to whether the [unit owner] exercised ordinary care to protect herself from injury.” …
Continue Reading Negligence and the Association