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F E B R U A R Y , 2 0 1 7
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
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
sustained on a sidewalk
which is privately owned
by the community associ-
ation.” The ruling, how-
ever, was pretty con-
sistent with common
SIDEWALK DANGERS:
Why Managers Must Clean Up Fast
By María Elena Solís, CMCA, AMS, CAS
Lemus Construction, Inc.
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
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-
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