Is an Association Liable for Third-Party Criminal Acts on the Property?
A condominium owner brought suit against her condo association after she was raped and robbed within the confines of her individual unit. Frances T. v. Villages Green Owners Ass'n, 42 Cal. 3d 490, 723 P.2d 573, 574 (1986). The Plaintiff's three causes of action against the association: negligence, breach of contract and breach of fiduciary duty, were based on the fact that when the intruder entered her condo, the unit was without exterior lighting. Id.
The association was on notice of the particular dangers posed against its residents because of the "exceptional crimewave" in the development during the prior year. Id. at 575. In fact, Plaintiff's unit had been robbed once before this incident, a fact that she attributed to the poor lighting in her building. Id. After issuing several ignored requests to the association for improved lighting, Plaintiff installed additional lights outsider her individual unit. Id. at 576. Shortly thereafter, the board requested that Plaintiff removed the lighting, as it constituted a violation of the CC&Rs. Id. Further, the association demanded that Plaintiff cease using the lights until such time as they were removed. Id. Unfortunately, this meant that Plaintiff's unit was in complete darkness the night of her attack. Id.
The court in this case determined that the association owed its owners the same duty of care that a landlord owes a tenant, meaning the association had a duty to exercise due care for its residents' safety in those areas over which it exerted control. Id. at 577. The association breached its duty to the Plaintiff by failing to respond in a timely manner to the need for additional lighting and by requiring Plaintiff to disconnect the lighting she installed herself. Id. at 580.
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.
The association was on notice of the particular dangers posed against its residents because of the "exceptional crimewave" in the development during the prior year. Id. at 575. In fact, Plaintiff's unit had been robbed once before this incident, a fact that she attributed to the poor lighting in her building. Id. After issuing several ignored requests to the association for improved lighting, Plaintiff installed additional lights outsider her individual unit. Id. at 576. Shortly thereafter, the board requested that Plaintiff removed the lighting, as it constituted a violation of the CC&Rs. Id. Further, the association demanded that Plaintiff cease using the lights until such time as they were removed. Id. Unfortunately, this meant that Plaintiff's unit was in complete darkness the night of her attack. Id.
The court in this case determined that the association owed its owners the same duty of care that a landlord owes a tenant, meaning the association had a duty to exercise due care for its residents' safety in those areas over which it exerted control. Id. at 577. The association breached its duty to the Plaintiff by failing to respond in a timely manner to the need for additional lighting and by requiring Plaintiff to disconnect the lighting she installed herself. Id. at 580.
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 8/29/2010 7:52 PM 
Categories: Personal Injury, Condominium Association, Duty, negligence, SC Community Association Law, Covenants Conditions and Restrictions
Categories: Personal Injury, Condominium Association, Duty, negligence, SC Community Association Law, Covenants Conditions and Restrictions
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