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HML-4337 CAI Dec 2013_1/2 pg vertical 11/22/13 10:48 AM Page 1
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erty from non-residents, the Villas was
still burdened with the responsibility.
Also, the Villas maintained liabili-
ty insurance for injuries sustained,
further demonstrating that they took
full responsibility for the sidewalks.
Ultimately, after the court considered
the fact that the sidewalks were
owned, maintained, controlled and
insured by the Villas, it made its deter-
mination upon the premise that “resi-
dential public-sidewalk immunity does
not apply in the case of a sidewalk
privately owned by a common-interest
community. Who owns or controls the
sidewalk, not who uses it, is the key
distinguishing point between a public
and private sidewalk.” In determining
ownership, the Supreme Court opined
that “(a) critical factor in determining
whether a sidewalk is ‘public’ is
whether the municipality has sufficient
control over or responsibility for the
maintenance and repair of the side-
walk.”
Condominiums and homeowners’
associations are impacted by such a
decision going forward because of
maintenance responsibilities and insur-
ance policies. The language was writ-
ten into the fabric of a legal binding
SIDEWALKS...
from page 28.
"...Who owns or controls
the sidewalk, not who
uses it, is the key
distinguishing point
between a public and
private sidewalk.”