New Jersey Appellate Division confirms that condominium associations are not liable in simple negligence as to condominium owners.

The New Jersey Appellate Division, in an unpublished opinion, affirmed the trial court’s order granting summary judgment in which it held that a condominium association is not liable for simple negligence as to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. The appellant, Jessica Carmona, claimed injuries as the result of a slip and fall accident on a sheet of ice arising from a 2009 snow storm. The plaintiff alleged that the appellee, the Woodlands Condominium Association, was negligent in failing to adequately clear the ice and snow from outside of her unit and in public areas. The Association had used a contractor to remove snow and ice from the premises. The trial judge, in granting summary judgment in favor of the Association, noted that during the storm, the Association hired an outside contractor to provide continual snow and ice removal and had two employees salt the entire complex. This confirmed the absence of gross negligence or willful misconduct and resulted in a ruling in favor of the Association. The Appellate Division affirmed the trial court’s decision, reasoning that condominium associations have immunity for ordinary negligence in suits brought by their unit owners for personal injuries.

_{Case Law Alerts, 1st Quarter, January 2016}

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