State Supreme Court Says Condominium Association Owes Condominium Owners a Duty to Protect Against Dangerous Conditions in the Common Area

This case involved a dispute between two co-owners of a condominium (“Owners”) and their condominium owners association (“Association”) over Association’s liability for personal injuries suffered by one of the owners when he fell on a snow and ice-covered sidewalk in a common area of the complex. As a result of the fall, the owner hit the back of his head and suffered a brain injury. Owners contended that Association was liable because it breached its duty to maintain the sidewalk by failing to timely remove snow and ice from the sidewalk.

Association moved for summary judgment and the trial court granted the motion in part and denied it in part. The trial court dismissed all of Owners’ claims with the exception of their claim based on premises-liability. Association appealed the trial court’s judgment and after review, the appellate court reversed the trial court’s order denying summary judgment on Owners’ premises liability claim because Owners were co-owners of the land where the fall occurred. After Owners sought leave to appeal in the Supreme Court, the Supreme Court ordered an oral argument on the Owners’ application.

After hearing the parties’ arguments, the Supreme Court ruled that: