Snow And Ice Liability For HOAs And Multi Family Properties
- Peter Lamont, Esq.
- 57 minutes ago
- 8 min read
Snow And Ice Liability For HOAs And Multi Family Properties
Winter exposes how associations, property managers, and contractors handle basic safety. New Jersey law focuses on who controls the area, who knew or should have known about the condition, and what was done in a reasonable time. Documents decide these cases. Governing instruments, vendor contracts, service logs, photographs, and notice records carry more weight than after the fact explanations.
Who Owes The Duty To Keep Areas Safe
Common elements belong to the association. That includes sidewalks, paths, stairs, parking lots, and entries identified in the master deed or bylaws. The association owes residents and guests a duty to maintain those areas in reasonably safe condition. Stewart v. 104 Wallace Street established the sidewalk duty for commercial landowners, and New Jersey courts have applied the same reasonableness framework to common areas in multi-unit properties. Tenants, unit owners, and management companies also face exposure when they control a location or create a hazard. A unit owner who piles snow against a curb cut or runs an extension cord across a walkway can be liable even where the association handles plowing.
Residential associations generally have no common-law duty to maintain abutting public sidewalks that are not part of their common elements, whereas commercial owners do.
The Ongoing Storm Rule And Timing Of Treatment
In Pareja v. Princeton International Properties, the Supreme Court held that a commercial landowner is generally not required to remove snow and ice while precipitation is falling. The rule does not excuse inaction. Once the storm ends, the duty to act begins within a reasonable time measured against severity, resources, and expected foot traffic. Narrow exceptions during a storm remain where a specific known hazard creates a clear and unreasonable risk, such as an entrance with a persistent sheet of ice from a leaking canopy.
In Pareja v. Princeton International Properties, the Supreme Court held that a commercial landowner is generally not required to remove snow and ice while precipitation is falling. The rule does not excuse inaction. Once the storm ends, the duty to act begins within a reasonable time measured against severity, resources, and expected foot traffic. Narrow exceptions during a storm remain where a specific known hazard creates a clear and unreasonable risk, such as an entrance with a persistent sheet of ice from a leaking canopy.
Governing Documents, Management Agreements, And Control
Boards should read the master deed, bylaws, and any management agreement before the season starts. Those documents assign maintenance duties, set procurement authority, and describe the manager’s scope. A board that delegates winter work to a manager remains responsible for oversight. Written resolutions that adopt a winter plan and approve contracts help align legal duty with operational control. If a large community uses sub-associations, specify who handles which roads, walks, and entrances, and how costs are shared.
Boards should read the master deed, bylaws, and any management agreement before the season starts. Those documents assign maintenance duties, set procurement authority, and describe the manager’s scope. A board that delegates winter work to a manager remains responsible for oversight. Written resolutions that adopt a winter plan and approve contracts help align legal duty with operational control. If a large community uses sub associations, specify who handles which roads, walks, and entrances, and how costs are shared.
Snow And Ice Contracts That Hold Up In Court
A plowing agreement should state trigger depths, pre-treatment with salt or brine, return visits for refreeze, and responsibility for stairs and handrails. Require time-stamped service logs, weather references, and photographs after treatment. Certificates of insurance are not enough. Collect additional insured endorsements that list the association and the management company on a primary and noncontributory basis, and obtain a waiver of subrogation where promised. Keep copies of the endorsements, not just the certificates. When a claim is tendered, these pages determine who defends while facts are sorted out.
Recurring Hazards And Constructive Notice
Many winter claims involve melt and refreeze from predictable sources. Roof drains discharge across walks at the same locations. Piles pushed to corners bleed into travel paths every afternoon and refreeze at dusk. Reasonable care means scheduled inspections that match these patterns, temporary barriers where treatment is delayed, and documented responses to resident complaints. Constructive notice arises when a condition exists long enough or occurs so regularly that a reasonable owner would have found and treated it. A log that shows inspection times and actions taken defeats many notice arguments.
Thresholds, Interior Transitions, And Mats
Most falls occur within the first few steps inside the building. Saturated mats become slip sheets. A workable plan replaces mats before saturation, runs additional drying near doors during peak hours, and assigns staff to monitor entrances. Documenting these tasks matters. Photographs taken at opening, midday, and evening show what was placed and when. Where a superintendent or porter handles entries, provide a simple checklist with initials and times and keep it with the daily file.
Resident Communication And Incident Reporting
Boards should tell residents how winter operations work. Identify the number to call for icing, the expected response time, and any parking rules that allow plows to clear lots. When an incident occurs, medical care comes first, then preservation. Photograph the area from multiple angles, including lighting, mats, piles, and drain location. Identify witnesses. Pull camera footage immediately, since many systems overwrite in days. Save radio logs, work orders, and contractor records for the hours before and after the event. Send a short preservation notice to the contractor and the manager so their logs are retained.
Insurance And Risk Transfer
General liability coverage for the association should be current, with limits that reflect the property size. Confirm that the declaration includes additional insured status for the association where a unit owner’s work creates exposure on common elements. Managers should carry their own coverage and be added where the management agreement calls for it. Snow and ice contractors must name the association and the manager as additional insureds. Tender early to all potentially responsible carriers with the contract and endorsements attached.
Unit Owners, Tenants, And Limited Common Elements
Limited common elements, such as stoops or small walkways assigned to a uni,t create confusion. Governing instruments often place day-to-day care on the unit owner and structural repair on the association. Spell that out each fall. If the owner is responsible for clearing a stoop, say so in writing and explain what the association will do at the main walks. A clear division reduces finger-pointing when a guest falls on the first step outside a unit door.
What Litigation Looks Like In Practice
Plaintiffs frame these cases as failures of planning and supervision. Discovery targets governing documents, management agreements, plowing contracts, logs, staffing schedules, weather data, and video. Experts compare the response to industry standards and to the property’s own plan. Cases often turn on timing. If snow ended at dawn and the fall occurred mid-afternoon near a known melt path, juries expect proof of inspection and treatment during that window. A strong defense shows a written plan tailored to the property, treatment that matched the plan, and records that tie both to the time and place of the fall.
Conclusion
Treat winter operations as a defined program. Read and align governing documents and management agreements. Contract for clear triggers and return visits. Demand real insurance endorsements. Inspect on a schedule that reflects melt and refreeze. Replace saturated mats and monitor thresholds. Communicate with residents and preserve evidence when an incident occurs. This approach reduces injuries and places associations, managers, and owners in the best position if a claim is filed.
For more information about your legal rights or to schedule a consultation, please contact the Law Offices of Peter J. Lamont at www.pjlesq.com, call 201-904-2211, or email info@pjlesq.com.
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About Peter J. Lamont, Esq.
Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.
Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.
As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.
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