New Jersey Condominium Act Establishes Association’s Duty To Residents

In a December 29 decision, the New Jersey Appellate Division has held that not only does a condominium association have a statutory duty to maintain the common areas of the condominium, but also that this duty includes the identification and correction of dangerous conditions. Further, this duty extends to residents regardless of whether they are characterized as licensees or invitees.  In Lecher v. 303 Sunset Ave. Condominium Assoc., Inc. and Townsmen Properties, LLC, plaintiff (a condominium resident) purchased a unit from the developer in 2008. In 2014, as the result of a fall down the center of the condominium’s extra-wide (158 inches) staircase, plaintiff suffered a fractured calcaneus (heel bone), which required surgery. In spite of the width of the staircase, it had no center handrail.     Read the article………………..

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