Are Associations Liable for Trivial Defects?
I recently had a question posed to me from a condominium board member regarding the association’s duty to repair a crack in the sidewalk. She stated that a co-owner had tripped and fallen over a crack in the sidewalk in front of her unit. The co-owner is now threatening to sue the association for negligence, claiming that the association is responsible for repairing the crack. The association is taking the stand that the crack is a trivial defect, and; therefore, the association is not responsible.
As a board of director member or simply a co-owner, you may be wondering what liability your association has in regard to trivial defects such as cracks in sidewalks and/or driveways. Based upon a recent California Court ruling, a crack that is not more than 1½ inches high, and does not have other conditions that make it dangerous, is deemed trivial. The court stated that examples of other conditions that could make the crack dangerous included broken pieces or jagged edges of pavement as well as things that concealed the crack, such as debris, grease or water.
If no such conditions existed in that instance, the Court said the defect was trivial and not dangerous and that the association had no duty to repair it. This court ruling does not mean however that the association should not consider taking care of cracks to the extent that it deems it appropriate to do so. Moreover, the association should check with its legal counsel for its own state’s law on the subject.