HOA & Property Manager Not Liable for Owner’s Injuries

This case involved a dispute between a homeowner and his homeowners association and the association’s management company over personal injury liability for injuries sustained by the homeowner when he fell as a result of a condition on a portion of the association’s common area. The homeowner, acting on his own without any involvement on the part of the association or management personnel, entered into a darkened storage area located in the association’s underground parking garage in search of a nozzle for a hose. Not knowing where the light switch was, he entered into the dark room and as he walked towards the back of the area where he believed he would locate a nozzle, he was in the process of attempting to activate the flashlight contained in his cell phone when he stepped into a partially uncovered sump pump causing him to fall and suffer serious shoulder injuries that subsequently required two surgeries.