New Jersey HOA Not Liable for Slip & Fall Injuries on Street In Private Community

February 7, 2014: Unpublished New Jersey Appellate Court decision.

Sidewalk slip and fall case where a resident of the community slipped from ice on the street and sued the association and other third parties for failure to properly maintain the street in accordance with their responsibilities. Though in a private community, the street was also accessible to the public. The association had bylaws containing a provision that only “willful, wanton or grossly negligent conduct” by the association could result in liability to an injured homeowner. The injured resident sought to impose liability on the association based on duties imposed by the association’s governing documents and based on a common law duty imposed on commercial property owners and a nonprofit private school to act reasonably in removing snow and ice after actual or constructive notice of the hazardous condition of the sidewalk.

Subscription Required to Continue Reading

To view the full HOA Featured Article, you must have a Subscription with HOA Member Services

Become a Member

Personal Monthly

$ 12.70 /month
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Personal

$ 97 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Pro

$ 297 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • 1 User

HOA Team

$ 347 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • Up to 10 Users

Get Your FREE
HOA Living Guide

 Get ready to level up your community! Dive into our guide for homeowners and management personnel in neighborhoods run by homeowners associations. Download now for essential tips and exclusive resources— improve your community with one click! 

Success, check your email for your guide!

Scroll to Top