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CONSTRUCTION
BULLETIN #2-2006
INCREASED RESPONSIBILITY FOR CONDOMINIUM
ASSOCIATIONS
As a general
proposition,
liability and
responsibility
regarding defective
conditions in a
condominium
association context
limits association
responsibility to
common areas and
structural and
system components
that are common to
the units with the
association. Defects
within a given
condominium unit
remain the
responsibility of
the unit owner. The
New Jersey Superior
Court Appellate
Division has
recently expanded
the responsibility
of the association
for defects within
the units.
In the case of
Siddons v. Cook
(Appellate Division
December, 2005), the
court has ruled that
where a condominium
association is on
notice of a
defective condition
within a unit that
may have impact on
other units, the
association has a
duty to warn
adjacent unit owners
of the potential
hazard even though
it may have no duty
itself to maintain
or repair the given
condition.
In the Siddons case,
a unit owner’s unit
was damaged from a
dishwasher leak from
the unit above her.
Even though the
parties conceded
that the dishwasher
and the hoses to the
dishwasher were not
common elements and
therefore were the
responsibility of
the upstairs unit
owner to maintain,
the court found a
cause of action
against the
association. Prior
to the particular
leak incident, the
association had
become aware that
there was a problem
inherent in some of
the hoses connecting
the dishwashers.
That knowledge was
not imparted to the
unit owners and on
that basis, the
court established
that a cause of
action would exist
against the
association.
This was a case of
first impression and
the Appellate
Division has now
established that an
association has an
obligation to inform
unit owners of
defects and
deficiencies even
though they may
exist within a given
unit, where the
association has
obtained knowledge
of the defect or
deficiency.
As a result of this
finding,
associations should
be alert to such
conditions and when
they come to the
association’s
attention, it must
carefully consider
whether or not a
given defect or
deficiency may
impact other unit
owners and if so,
whether notification
should be given.
CURETON CLARK, P.C.
Kenneth D. Roth,
Esq. |
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