remove snow and ice from public sidewalks adjacent to or abutting their property. For example, in Oak Park, a condominium association is required to remove snow from the public sidewalk in front of the building or be subject to a fine. Assuming that the condominium association has a contractor providing snow removal services, the condominium association must make sure that the contractor also takes care of the public sidewalk. The SIRA ensures that the association is not subjecting itself to potential liability by complying with the municipal ordinance.
However, a community association should be aware that the Illinois Appellate Court has not extended the protections under SIRA to areas that do not constitute a sidewalk. In Gallagher v. Union Square Condominium Homeowner’s Ass’n, 397 Ill. App. 3d 1037, 337 Ill. Dec. 624, 922 N.E.2d 1201 (2d Dist. 2010), the Appellate Court found that the statute did not bar a unit owner’s claim against the condominium association for injuries sustained when the unit owner slipped and fell on an icy driveway.
In addition to the PLA and SIRA, Illinois has enacted the Recreational Use of Land and Water Areas Act (“RULWAA”). The RULWAA is intended to encourage property owners to make their property available to the public for recreational or conservation purposes, which it does by limiting that owner’s liability to people entering his or her property for such use. Although the author is not aware of any case in which the RULWAA has been relied upon by or applied to a community association, it does exist and may potentially apply in a specific situation.
Any discussion about premises liability is not complete without at least mentioning insurance. A community association should have general commercial liability insurance policies in place (and must in the case of condominiums). However, it is beneficial for a board to periodically review its liability coverage with its insurance professional to ensure that the association has adequate coverage with respect to the type of common areas for which it is responsible.
The above is not an exhaustive description of a community association’s duties and potential liability with respect to premises liability claims by any means. However, it is intended to give a community association, its board, members and managing agents, a flavor of where and how a premises liability claim may arise.
In summary, a community association has a duty to maintain, repair and replace common areas pursuant to its governing documents. That duty may be the basis upon which an injured person may bring a claim against the association. However, in some situations, the association’s potential liability may be limited by statute or ordinance. Also, the association should have appropriate insurance policies in place to shift risk and provide protection from potential premises liability claims. Last, but not least, a community association should always consult with a knowledgeable attorney about any questions and concerns it may have about premises liability issues. It may be a treacherous world out there, but don’t be the association to break the ice and fall victim to premises liability claims. Be mindful of your obligations, duties and protections.
MANY LOCAL MUNICIPALITIES HAVE ENACTED ORDINANCES THAT REQUIRE PROPERTY OWNERS TO REMOVE SNOW AND ICE FROM PUBLIC SIDEWALKS ADJACENT TO OR ABUTTING THEIR PROPERTY.
18 | COMMON INTEREST®
A Publication of CAI-Illinois Chapter
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