Premises Liability for Community Associations

Articles on the topic of Premises Liability for Community Associations and for Community Association Management Companies

The Great Defibrillator Debate: Weighing the Pros and (Potential) Cons

The ready availability of automated external defibrillators (AEDs) significantly improves the odds that the victims of sudden cardiac arrest will survive, so it might seem like a no-brainer for community associations — especially those with aging populations — to install the devices. This week, we dig into why it’s important to understand some of the…

Defibrillators: Help Your Associations Navigate the AED Installation Question

The ready availability of automated external defibrillators (AEDs) significantly improves the odds that the victims of sudden cardiac arrest will survive, so it might seem like a no-brainer for community associations — especially those with aging populations — to install the devices. Although more associations are doing so, it’s important to understand some of the…

Avoid Injury Liability by Documenting Common Area Inspections

You and your staff should have a risk management strategy set up that covers all of the issues that could lead to liability for the association you manage. One of the big ticket items in terms of liability that your strategy should address is safety hazards in the community. That’s because safety hazards can result in, at best, minor accidents and, at worst, personal injury lawsuits. Here’s how to take reasonable care in a high-risk area.

Tell Members How to Interact Appropriately with Service Animals

Last month’s feature touched on the changing face of service animals—that is, nontraditional breeds being used as service dogs, and the ways that associations should handle responsibility and liability if a service dog of any kind happens to bite somebody (see “Keep Restricted Breed Dogs on Short Leash in Community,” February 2013).Although it’s important to speak with your association’s attorney as soon as there’s a request for a service dog that raises safety concerns, you should make sure that members generally understand how to interact with all

Six Tips to Avoid Carbon Monoxide Poisoning and Liability

If your condominium community uses a fuel-burning appliance such as a gas or oil furnace to heat your building or pool, you need to worry about carbon monoxide (CO), a hazardous material that your members cannot see or smell. Many people die and many more become seriously ill from CO poisoning each year.

Four Tips to Minimize Winter Slip-and-Fall Liability

At the beginning of every winter season, many associations begin to worry about the possibility of being hit with slip-and-fall lawsuits filed by members or guests. Although it's inevitable that accidents will occur, the association can try to make the community as safe as possible for members and consequently avoid liability for any slip-and-fall accidents.

Set Playground Rules to Minimize Risk of Injuries and Lawsuits

A playground is a great amenity that may increase property values in your community. Members with small children appreciate the role an outdoor playground plays in children's growth. Playgrounds promote an active, healthy lifestyle and provide a complex social network for kids to learn relationship-building skills. However, a playground can also be a hazard, especially if children are unsupervised or if the equipment is not properly used or maintained. If injuries occur, your association could end up getting sued.

Conduct Legal Checkup of Swimming Pools to Avoid Liability

With summer here, it's time to make sure that your community swimming pools are ready for action by checking their safety, insurance coverage, and legal compliance. Many associations do not conduct legal checkups, which is risky considering the number of lawsuits and regulations that exist.

The following is a list of things your association should check to ensure that the community avoids unnecessary risks and weathers any legal storm should an unfortunate accident occur at the pool this summer.

Responsibilities When Appliances Cause Flooding in Condos

Q A member's washing machine hose burst in the middle of the night, flooding the neighbor's unit and the unit below. Does the condo association have a duty to get involved in a situation like this?