February 2017

HML-4337 CAI Dec 2013_1/2 pg vertical 11/22/13 10:48 AM Page 1

SIDEWALKS... from page 28.

Keep your Association sharp – in all seasons.

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 "...Who owns or controls the sidewalk, not who uses it, is the key distinguishing point between a public and private 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

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