Fulfilling the Duty to Address Dangerous Conditions in Common Areas

The Washington Court of Appeals upheld the dismissal of a negligence action against the City of Seattle in an unpublished opinion issued earlier this month. The case arose when a person fell on an icy sidewalk. The Court first noted that a municipality has a conditional duty to act if it has notice of a dangerous condition and a reasonable opportunity to correct that condition. The Court then decided that the plaintiff failed to satisfy her initial burden of demonstrating that the City may have created or had notice of the icy sidewalk. The Court pointed out that there was no evidence submitted about previous ice complaints at that location or about the length of time ice was present before the fall.

Washington condominium and homeowners association boards should pay attention when owners bring perceived dangers in common areas to their attention. If boards do not properly investigate owners' complaints and fail to take appropriate action to remedy legitimate problems, they leave their associations vulnerable to negligence lawsuits. It is also a good practice for association boards to periodically inspect the common areas to identify hazards before they result in accidents.

Plant Containers Represent Unappreciated Fire Hazard

Earlier this year, a condominium in Calgary, Canada was destroyed by the combustible combination of a cigarette and potting soil. A person smoking outside the building apparently put a cigarette “out” in the dirt of a nearby planter. The planter contained two flammable ingredients: dry peat moss and fertilizer. The result was a massive fire and 250 people homeless.

Condominium boards should warn residents that potted plants and planters can pose a potential fire hazard. It is a good policy to either encourage or require residents to use ashtrays when they smoke on decks or porches and when they smoke in common areas. The association’s attorney and property manager can help identify the sources of association authority in this area and any limitations on that authority.

Is Chinese Drywall Hazardous to Homeowners' Health?

American construction companies used large quantities of Chinese-made drywall over the last five years because it was abundant and cheap. Now many homeowners are complaining that Chinese drywall gives off fumes that corrode metals and sicken people. State and federal authorities are currently investigating whether Chinese drywall poses a direct health risk to people.

More than 500 million pounds of Chinese drywall was imported into the United States between 2004 and 2008. Most of it came into the country in 2006. Washington State has imported nearly 2.5 million pounds of Chinese drywall since January 1, 2006. Complaints about Chinese drywall appear to be concentrated in the Southeast at this time. Chinese drywall has been reported to be present in 21 states thus far, including Washington State.

There are several signs that your home may contain Chinese drywall. You may detect a sulphur, rotten egg, or acid type of smell. The electrical wires connected to outlets may be corroding too rapidly. Air conditioning coils or other HVAC components may be failing too frequently. Silver jewelry and flatware may be tarnishing too quickly. You may be able to locate a “Made in China” stamp on exposed drywall in places like your attic or basement.

If Washington condominium and homeowners associations and owners have been adversely affected by Chinese drywall, they may need to consider filing lawsuits against the manufacturer and distributor of the Chinese drywall and/or against the developer and contractors that constructed their buildings. Those entities may have assets to pay for any damages caused by Chinese drywall or may have purchased insurance policies that cover any damages caused by this product. Participation in class action lawsuits is another option, but those lawsuits usually take much longer to complete than individual lawsuits.

Condominium Safety – The Art of Preventing Injuries in Common Areas

Whitewater rafting can be an exhilarating experience. Who needs roller coasters when you can hurtle down a raging river at breakneck speed? However, the risk of striking sharp rocks that are obscured by water and foam is ever-present. Rafters must keep a watchful eye on the river ahead and steer clear of problem areas. Managing the common areas of a condominium requires a similar vigilance.

Condominium associations have a legal duty to maintain common areas in a safe condition. Failure to comply with applicable laws may be viewed by judges and juries as evidence of negligence. If the boards of condominium associations are or should be aware of dangerous conditions in common areas and fail to take prompt action to remedy those conditions, those associations and the members of their boards could end up on the losing end of negligence lawsuits and be liable for significant damages. It is therefore important for condominium boards to always be on the lookout for potential dangers in the common areas of their condominiums.

There are many ways in which an ounce of prevention can equal a pound of cure. Better lighting in common areas can reduce criminal activity and allow residents to spot tripping hazards in advance. Visual inspections of the premises by a board member can identify rotting wood in common area structures before a collapse occurs. Maintenance of sprinkler systems can limit the damage from a fire. Promptly clearing ice from entryways and sidewalks can reduce slip and fall incidents. The key is to spend time trying to anticipate hazards.

Condominium boards should make common area safety one of their top priorities. This involves taking owners’ safety-related concerns seriously, seeking professional guidance regarding the laws that their associations must follow, inspecting the common areas on a regular basis, and causing necessary maintenance, repair, and replacement of common areas to occur at the appropriate times. If boards perform their duties in this manner, they will help their associations avoid some of the rocks that lurk downstream.