B.P. from Pennsylvania writes:
Dear Mister Condo,
I live in a condominium HOA. Our documents state that the association is responsible for snow removal in common areas. It specifically excludes driveways, but what about limited common areas such as porches and steps? About half of the units are townhouse types. Do these owners need coverage for accidents that may occur on areas that are not association responsibility?
Mister Condo replies:
B.P., just as your documents define the responsibility of the association with regards to snow removal from the common areas, they likely pass the responsibility of limited common areas to either the owners or the association. If the documents are silent on the subject, the association might want to think about adding clarification for lots of reasons. First and foremost is safety. Regardless of who owns the porches and steps, they need to be kept clear so no injuries occur. As bad as the injuries may be, the resultant lawsuits that will likely follow can be devastating to the association. In my opinion, it makes sense for the association to take on the additional responsibility (and cost) of snow removal. That may cause a slight increase to common fees to cover the increased snow removal expense but it will assure that all was done to keep the porches and steps clear, this reducing the risk of injury and lawsuit to the association. As for the potential liability to homeowners, it is the same risk any homeowner has. If someone gets hurt on your property, you should have insurance to protect yourself. All the best!