Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Supreme Court Addresses Sidewalk Liability of Homeowners Association

Author: Scarinci Hollenbeck, LLC

Date: August 28, 2015

Key Contacts

Back

The Supreme Court of New Jersey recently addressed whether the homeowners association and management company of a common-interest community had the duty to clear snow and ice from the community’s private sidewalks or in short, sidewalk liability. According to the justices’ opinion in Qian v. Toll Brothers, the answer is yes.

A Patio Umbrella

Plaintiff Cuiyun Qian filed a personal injury suit against Toll Brothers, Inc., Integra Management Corp. (Management Company of Integra), The Villas at Cranbury Brook Homeowners Association (Homeowners Association), and Landscape Maintenance Services, Inc. (Landscape Inc.). She alleged that the defendants failed to maintain a common-area sidewalk on the grounds of The Villas at Cranbury Brook (Villas), causing her to slip and fall on ice.

 The Villas is an “over 55,” age-restricted, common-interest community, consisting of approximately 102 detached single-family homes on 32.5 acres of land. Homeowners at the Villas take title only to their dwelling units, while all other areas are common property owned by the Homeowners Association and Recreation Association. Under the community’s certificate of incorporation and by-laws, the Homeowners Association has sidewalk liability – they are responsible for the maintenance of the common elements, which include the sidewalks.

The legal background of sidewalk liability

Under New Jersey common law, commercial landowners have a legal obligation to clear public sidewalks abutting their properties of snow and ice for the safe travel of pedestrians. The law does not impose a similar duty on residential landowners.

In Luchejko v. City of Hoboken, 207 N.J. 191, 211 (2011), the New Jersey Supreme Court relied on the distinction in holding that a condominium association and management company were immune from suit for allegedly failing to clear ice from a public sidewalk abutting a residential condominium building. In this case, the trial court and the Appellate Division cited Luchejko in finding the sidewalk at issue was “public” and that the defendants were similarly immune from suit.

The Court’s decision

The New Jersey Supreme Court reversed. It held that residential public-sidewalk immunity does not apply in the case of a sidewalk privately owned by a common-interest community.

“Who owns or controls the sidewalk, not who uses it, is the key distinguishing point between a public and private sidewalk. Here, the by-laws of the homeowners association spell out the association’s duty to manage and maintain the community’s common areas, including sidewalks,” Justice Barry Albin explained.

The court further noted that the homeowners association also has a statutory obligation pursuant to Condominium Act, N.J.S.A. 46:8B-14(a), to manage the common elements of which the sidewalks are a part. The statute further requires homeowners’ associations to maintain liability insurance. “Clearly, the Legislature believed that the private sidewalks of a common-interest community were subject to tort liability,” Justice Albin stated.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications post image

Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]

Author: Dan Brecher

Link to post with title - "Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications"
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors post image

Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors

The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]

Author: Dan Brecher

Link to post with title - "Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors"
Corporate Consolidation and Antitrust Issues in Mergers post image

Corporate Consolidation and Antitrust Issues in Mergers

Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]

Author: Dan Brecher

Link to post with title - "Corporate Consolidation and Antitrust Issues in Mergers"
What is Business Law and Why Is it Important? post image

What is Business Law and Why Is it Important?

Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]

Author: Dan Brecher

Link to post with title - "What is Business Law and Why Is it Important?"
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!