Condominium Associations and Snow Removal Obligations In New Jersey
Thomas W. Hartmann
The Hartmann Law Firm LLC
TheHartmannLawFirm.com; [email protected]; 908 769 6888
In Carmona v. Woodlands Community Ass'n., 36-2-7329, App. Div. (July 2015), the New Jersey Appellate Division confirmed that a condominium association is not liable for simple negligence as to condominium owners in connection with snow and ice removal. An injured owner must show gross negligence or willful neglect.
In this case, the Plaintiff, Jessica Carmona, sought to overturn a trial court's grant of summary judgment to the Woodlands Community Association. The case arose out of a 2009 snow storm when the condominium association used a contractor to remove snow and ice.
Plaintiff claimed to have been injured from a slip and fall on a sheet of ice. She sued the condominium association alleging it was negligent in failing to remove snow and ice from outside of her condominium unit and public areas.
In granting Woodlands summary judgment, the judge restated that condominium associations have immunity for ordinary negligence in suits brought by their unit owners for personal injuries. The judge noted that during the storm, the condominium association hired an outside contractor to provide continual snow and ice removal. After the storm ended, the condominium association required two employees to salt the entire complex, confirming the absence of gross negligence of willful misconduct and resulting in a ruling in favor of the condominium association.
The Hartmann Law Firm LLC can assist condominium and townhouse associations with these matters to insure their assets are protected. Beyond this, we can help guide businesses through issues ahead of litigation or aggressively advocate in litigation and business disputes should the need arise.