Is an HOA liable for a fall on the public sidewalk outside the community?
Generally not, under Luchejko v. City of Hoboken, 207 N.J. 191 (2011), which held a residential condominium association not liable for a fall on its abutting public sidewalk. The association is still responsible for the walks, stairs and roads it owns inside the community.
The town ordinance can still require the sidewalk to be cleared, with a deadline and a fine, even where a court would not find the association liable for a fall.
Check the association's own documents too. Bylaws and master deeds often say who clears what, and boards are held to them.
This is general information, not legal advice.
Go deeper
More on slip-and-fall, liability & insurance
- What should I do if someone slips and falls on ice at my property?
- How long should I keep snow removal records?
- What should a snow contractor's certificate of insurance show?
- What is New Jersey's ongoing storm rule?
- Does salting during a storm create liability in New Jersey?
- Does hiring a snow contractor move the liability off the property owner?
- Does the ADA require clearing snow from accessible parking spaces?
- Does OSHA require employers to clear snow and ice?
From JRW Services LLC, commercial snow and ice management across Sussex, Passaic, Bergen, Morris and Warren counties, NJ. All answers
Need this handled at your property?
Call (973) 459-0074 or send the form, and we will walk the site and put it in writing before the first storm.