Homeowner Injured in Common Area: What Duty Does the Association Owe?
The South Carolina Court of Appeals determined that a homeowner injured in a common area of her community association was classified as an invitee for the purpose of determining the association's duty to the homeowner. Landry v. Hilton Head Plantation Prop. Owners Ass'n, Inc., 452 S.E.2d 619 (1994). An invitee is defined as "one who enters upon the premises of another at the express or implied invitation of the occupant, especially when [she] is upon a matter of mutual interest or advantage."
By virtue of the fact that the homeowner paid dues into the association, she was a member of the association and had a right to use the common areas without first seeking permission. This is what distinguishes a homeowner from a mere visitor. The homeowner's dues confer a benefit on the association and are for the purpose of maintaining the common areas.
The homeowner in this case injured her wrist when she fell into a hole while walking across a common area sidewalk. She brought suit against the association for negligence in failing to discover, remedy and warn her of this latent and dangerous condition. Because the court determined that the homeowner was an invitee, the association had the "duty to discover risks and to warn or or eliminate foreseeable unreasonable risks."
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.
By virtue of the fact that the homeowner paid dues into the association, she was a member of the association and had a right to use the common areas without first seeking permission. This is what distinguishes a homeowner from a mere visitor. The homeowner's dues confer a benefit on the association and are for the purpose of maintaining the common areas.
The homeowner in this case injured her wrist when she fell into a hole while walking across a common area sidewalk. She brought suit against the association for negligence in failing to discover, remedy and warn her of this latent and dangerous condition. Because the court determined that the homeowner was an invitee, the association had the "duty to discover risks and to warn or or eliminate foreseeable unreasonable risks."
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.
Posted by Ryan McCabe at 8/20/2010 2:06 PM 
Categories: Assessments, SC HOA Law, Homeowners Association, Common Area, Common-Interest Community Association, ARTICLES, Duty, Personal Injury, Condominium Association, invitee, negligence
Categories: Assessments, SC HOA Law, Homeowners Association, Common Area, Common-Interest Community Association, ARTICLES, Duty, Personal Injury, Condominium Association, invitee, negligence
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