Condominium/Real Estate Law Blog
NJ High Court Ruling Says Residential Condo Associations are Not Responsible for Sidewalk Cleanup
Posted by Jeff Barnes on August 29, 2011
The New Jersey Supreme Court recently ruled in favor of a condominium association after the plaintiff sued the association as a result of falling on the sidewalk in front of the association’s building.
New Jersey Justice Jaynee LaVecchia said “The Skyline Condominiums building on Observer Highway is considered residential because Skyline does not generate profit, and therefore is not responsible for the upkeep of the sidewalk.” The court said there was no justification to find “that this overwhelmingly owner-occupied 104-unit condominium complex was a commercial entity,” she wrote.
The plaintiff, Richard Luchejko, injured his left leg and ankle when he fell on an icy sidewalk in front of The Skyline Condominiums. The accident occurred on Feb. 14, 2006 - three days after a 27-inch snowfall, according to court documents. The plaintiff sued Skyline Condominium Association, its property manager CM3 Management Co., its contractor D&D Snow Removal Co. and the city of Hoboken, alleging negligence for an unsafe sidewalk, according to court documents.
Hudson County Superior Court Judge Barbara Curran dismissed the suit to all defendants except D&D Snow Removal Co. The Supreme Court ultimately granted the plaintiff’s petition for certification as to the liability of the Skyline Condominium and CM3. The Court disagreed with the plaintiff’s contention that this particular association should be regarded as a commercial entity and therefore subject to liability under Stewart v. 104 Wallace Street, Inc., 87 N.J. 146, 432 A.2d 881 (1981).
In Stewart, the court held that commercial property owners are liable for injuries on the sidewalks abutting their property that are caused by their negligent failure to maintain the sidewalks in a reasonably good condition. However, Stewart did not decide whether the same duty should be imposed on owners of residential property. The court in Stewart did however use apartment buildings as an example of property that should be treated as commercial under its new rule. Id. at 160. In the Luchejko case, the court indicated that its decision not to assess liability against the Skyline Condominium Association consistently reflects that residential property owners stand on different footing than commercial owners who have the ability to spread the cost of the risk through the current activities of the owner. And, this matter provides no reason in law or in fact to corrode that distinction.
Contact me if you have questions about this ruling or if your association has a legal issue you would like to discuss.
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